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THE 




CITIZEN’S MANUAL 

OF 

GOVERNMENT AND LAW : 


COMPRISING 


TIIE ELEMENTARY PRINCIPLES OF CIVIL GOVERNMENT } A PRACTICAL 
VIEW OF THE STATE GOVERNMENTS, AND OF TIIE GOVERNMENT 
OF THE UNITED STATES ; A DIGEST OF COMMON AND STATU¬ 
TORY LA W, AND OF TIIE LAW OF NATIONS ; AND A 
SUMMARY OF PARLIAMENTARY RULES FOR THE 
PRACTICE OF DELIBERATIVE ASSEMBLIES. 


TOGETHER 


n 

L 


WITH A HISTORY OF POLITICS AND PARTIES, AND OF THE 
RECONSTRUCTION OF THE SECEDED STATES, ETC., ETC. 






By ANDREW W. YOUNG, 

AUTHOR OF “SCIENCE OF GOVERNMENT,” “FIRST LESSONS IN CIVIL GOVERN¬ 
MENT,” “GOVERNMENT CLASS BOOK," “NATIONAL ECONOMY, 
“AMERICAN STATESMEN,” ETC. 

OF CoW 
^ V COP Y 

No/T !; 



PUBLISHED B 

TI. S. GOODSPEED & CO., 

14 BARCLAY STREET, NEW YORK, 
AND 2$7 VINE ST., CINCINNATI, 0. 


' I?77 

!r 


n 


3 


'\0 


*1 


Entered according to Act of Congress, in the year 1877, by 
IIENRY S. GO OH SPEED, 

In the Office of the Librarian of Congress, at Washington. 





■*•« , 


PREFACE. 


To preserve and transmit the blessings of civil and relig¬ 
ious freedom, is the declared object of the people of the 
United States, in establishing their present form of govern¬ 
ment. The question, Will our liberties endure ? has ever 
been one of deep solicitude to every true American patriot; 
a question to which different answers have been formed by 
different minds. 

It is generally conceded, that no other system of govern¬ 
ment ever devised, is so well adapted to secure the objects 
for which all just governments are instituted, as our own. 
Its excellence alone, however, can not insure its duration. 
The grand element of its strength, is the public virtue and 
intelligence. Hence, the only well-founded hope of perma¬ 
nent political prosperity, lies in a general and an efficient 
system of education. 

Education is an interest of high importance to the people 
under any form of government ; but it is more especially so 
in this country, where the people are not only in theory the 
source of power, but in practice are actually called upon to 
take an efficient part in constituting and administering the 
government. The exercise of political power ought to be 
directed by an enlightened judgment. The right of suffrage 
can scarcely be esteemed a privilege to him who is inca¬ 
pable of exercising it with discretion. While the constitu¬ 
tion gives as much weight to the vote of the uninformed 



VI 


PREFACE. 


and ignorant, as to that of the well-instructed and ir telligent 
citizen, the sources of information should be as numerous 
and as widely extended as possible. 

In accordance with this sentiment, much has been done 
«n this country to diffuse the benefits of useful knowledge. 
Improved systems of education have been established, and 
provision has been made, in every state, to instruct the peo¬ 
ple at the public expense. And to increase the efficiency of 
the schools, many useful sciences, not formerly taught, have 
been introduced. 

It is admitted, however, that the course of instruction is 
still materially defective. It does not sufficiently contem¬ 
plate our youth as soon to become invested with the powers 
and privileges of freemen. To qualify them express!J 7, for 
the discharge of their political duties, is not, to any con- 

derabie extent, made a special object of school instruction. 
Even in most of our seminaries, the science of civil govern¬ 
ment either finds no place in the course of study, or is re¬ 
garded only as of secondary importance. The study of the 
Grecian and Roman antiquities, in many academies, super¬ 
sedes the study of the principles of our own government. 
The constitutions, laws, manners and customs of Greece and 
Rome, are made subjects of regular study, while the study 
of the practical subjects of our own constitutional law, and 
the principles of our civil jurisprudence, which are applica¬ 
ble to the common concerns of life, is not admitted as a 
part of the academic course ! 

A similar defect exists in our common schools. To gratify 
a pride of learning, or a taste for philosophical inquiry, some 
of the more abstruse and speculative sciences are introdu¬ 
ced, to the exclusion of those which subserve the practical 
purposes of life. For ti^e same reasons, or from a wrong 
estimate of its relative importance, the study of government 
is kept out of the primary schools, in which nineteen-twen¬ 
tieths of our citizens receive all their education. Some 



PREFACE. 


Vll 


portions of arithmetic, the higher mathematics, and certain 
other blanches, are of far less practical benefit to the citi¬ 
zen, and can be better dispensed with, than a knowledge 
of his political rights and duties. 

For some years past, however, this subject has received 
the attention of the friends of education ; and considerable 
progress has been made in this department of educational 
improvement, by the preparation and introduction of ele¬ 
mentary treatises on civil government. To this object, the 
writer has devoted several years of arduous labor. Yet, a 
long time must necessarily elapse before the study of 
political science shall occupy its proper place in the educa¬ 
tional course. 

It has occurred to the author, that, while this study ip 
thus gradually making its way into the schools, much may 
be done in another direction for the general diffusion of po¬ 
litical knowledge. The young men who have completed 
their school education, and commenced, or are about ta 
commence the business of life, constitute a large and inter¬ 
esting class of American citizens. Upon the manner in 
which they shall discharge their political duties, depends, 
in a great measure, the future destiny of this great and 
growing republic. A work especially adapted to their 
wants appears to be a desideratum ; to supply which, is 
the primary design of this volume. 

Surely, every young man inspired with a just'degree ot 
patriotic pride, must desire to qualify himself for tne in¬ 
telligent discharge of his duties and responsibilities, whether 
as an elector or private citizen only, or as one called to 
take a more direct part in the administration of the gov 
ernment. It is certainly to be lamented, that so many 
should have become invested with the rights of freemen 
without an adequate knowledge of their political duties. 
Questions of public policy of vital interest, perhaps invol¬ 
ving constitutional principles, and even liberty itself, ara 


V1>1 


PREFACE. 


not nnfrequently decided at the ballot-box, by those who 
have never given the constitution the slightest examina* 
tion. 

The exercise of the elective franchise is not merely a 
right ; it is a duty. The theory of free government is, that 
the people are associated for the common good. Hence 
every citizen is bound to every other citizen, to exercise his 
political power, and to do it in such a manner as to promote 
the best good of the whole. He should therefore act intel¬ 
ligently. No citizen has a moral right to jeopard the interests 
of a whole community by a random vote. It is his duty to 
make up his own mind on all the great questions that arise 
'n administering the government, and to bring to the set 
tlement of these questions the aid of an enlightened judg 
ment. 

Although this work is especially commended to the at¬ 
tention of young men, adults also will find it adapted to 
their use. It contains much information on the various 
subjects of which it treats, to which the mass of our adult 
citizens have not hitherto had ready access. In the selec¬ 
tion and preparation of the matter, the object has been to 
condense, within a suitable compass, the greatest possible 
amount of information on the subject of the rights and 
duties of citizens ; and to make the work emphatically 
what its title imports, a “ Manual of Government and Law.” 
It is doubted whether any other book of equal size contains 
as much matter to which the citizen has occasion to refer 
in the common concerns of life 

The study of this work is also commended to females. 
It has long been considered a striking defect in our system 
of education, that females are not more generally instructed 
in matters of business. Although they do not take an 
active part in public affairs, they would, if rightly edu¬ 
cated, exert a far more powerful and salutary influence 
upon our national character and destiny. And the question 


PREFACE. 


1? 


is submitted, whether this knowledge wuuld not prove a 
far more valuable acquirement than some of those accom 
plishments which form so large a part of a modern female 
education, and which are usually lost amidst the cares of mar¬ 
ried life. As mothers, guardians, and teachers, they could 
apply the knowledge here recommended to valuable purposes 

This work presents several features which do not appear 
in any of the author’s former works. For the better illus¬ 
tration of the principles of civil government, and to show, 
by contrast, the superiority of our own government, an 
outline is given of the forms of government of the principal 
countries of Europe, and some of the ancient republics. To 
young persons generally, and to adults of limited historical 
reading, this part of the work will be read with interest. 

The Law of Nations, also, is a subject with which few of 
our citizens are familiar, owing, chiefly, to their not having 
ready access to treatises on international law. The princi¬ 
pal laws which regulate the intercourse of nations being 
deemed interesting and useful, as well as appropriate in a 
work of this kind, a digest of the same is given. 

Another addition is the summary of Parliamentary Rules 
for the government of deliberative assemblies. As almost 
every citizen participates in the deliberations of public 
meetings, this part of the work can scarcely fail to meet 
with general favor. 

A prominent feature of the present edition is its historical 
reference to the national constitution. A history has been 
given of the principal causes and the successive steps 
which led to its formation, with sketches of the debates oi 
the convention of framers, presenting the various and con 
flicting views entertained in that body on some of the more 
important provisk ns, especially those known as the “ grea* 
compromises 19 of the constitution. 

Appended to the body of the work are copious Notes, 
supplementary to the several chapters referred to. These 


PREFACE 


Notes consist, chiefly, of the specia. enactments of the seve 
ral states on the various subjects to which they relate ; and, 
together with the Synopsis of the constitutions of the seve¬ 
ral states, and other portions of the work, present an intel¬ 
ligible view of all the state governments. 

The sketch of Political Parties, will especially interest 
young readers and others who are not familiar with the 
political history of this country. 

The body of the work is divided into chapters and sec¬ 
tions of suitable length, to increase its convenience for 
reference. These divisions also adapt it for use in schools. 
Although not designed as a class-book, it may be studied 
in academies and high schools generally, to advantage. 

In the compilation of this volume, the leading object has 
been utility. That it is free from errors, is hardly to be 
presumed ; it is believed, however, that they are few and 
unimportant. If any shall be discovered, they will be cor¬ 
rected in future editions. 


CONTENTS. 


PRINCIPLES OF CIVIL GOVERNMENT. 

CHAPTER X. 

PAGH 

Civil Government; Mankind fitted by nature for Civil Government and 
Laws, - . -17 

CHAPTER II. 

Rights and Liberty, and Laws, defined, ... ... 20 

CHAPTER III. 

Different forms of Government:—Monarchy; Aristocracy; Democracy; 
Republic, - .23 

CHAPTER IV. 

Governments of Russia, Turkey, Spain, Denmark, 25 

CHAPTER V. 

Government of Great Britain,.33 

CHAPTER VI. 

Governments of France, Germany, Austria, Hungary, Prussia, Netherlands, 
Sweden, Greece, Switzerland, South American States, ... 37 

CHAPTER VII 

The Nature and Objects of a Constitution, and the Manner in which it is 
made, - - 43 

CHAPTER VIII. 

A just Government founded upon the Consent of the People. 47 

CHAPTER IX. 

The Division and Distribution of the Powers of Government, - 50 

CHAPTER X. 

Causes of the Revolution, and of the Establishment cf our present Form of 
Government, .----------53 






Xll 


CONTENTS 


STATE GOVERNMENTS. 

CHAPTER XI. 

PAGE 

By whoa Political Power is exercised in the States of this Union, - 57 

CHAPTER XII. 

Elections, - -- -- -- - --59 

CHAPTER XIII. 

State Legislatures; how constituted, - - - - " ' 62 

CHAPTER XIV. 

-ganization of Legislative Bodies ; Privileges of Members, <fec., - - 64 

CHAPTER XV. 

banner of Enacting Laws, --------- §7 

' CHAPTER XVI. 

Executive Department:—Governor and Lieutenant-Governor; Subordinate 
State Officers, -. ---71 

CHAPTER XVII. 

Counties, and County Officers ; Powers and Duties of County Officers, - 75 

CHAPTER XVIII. 

Towns, and Town Officors; Powers and Duties of Town Officers, - - 78 

CHAPTER XIX. 

Incorporation and Government of Cities, Villages, <fec., - - - - 80 

CHAPTER XX. 

Assessment and Collection of Taxes, ... - - - 83 

CHAPTER XXI. 

The Militia, - ------ -.85 

CHAPTER XXII. 

Education:—School Funds; Schools, <fec., - - - . . sg 

CHAPTER XXIII. 

Canals; Railroada, &c.,. . 91 

CHAPTER XXIV. 

Banks and Insuranca Companies, ------..95 

CHAPTER XXV. 

Judicial Department:—Justices’Courts, ----- 99 





CONTENTS. x jij 

CHAPTER XXVI. 

Trial by Jury; Collection of Judgments; Appeals, - • - 102 

CHAPTER XXVII. 

Courts other than Justices’ Courts Courts of Chancery or Equity; Court 
of Probate; Court for the Trial of Impeachments, - jqi- 

OHAPTER XXVIII. 

Crimes and Misdemeanors; Prosecution of Offenders, - - - - 109 

GOVERNMENT OF THE UNITED STATES. 

CHAPTER XXIX. 

Nature of the Union, ------- - - - 115 

CHAPTER XXX. 

History of the Constitution, -.- . - H9 

CHAPTER XXXI. 

Legislative Department:—House of Representatives, -— ... 124 

CHAPTER XXXII. 

The Senate,. ---129 

CHAPTER XXXIII. 

Powers of Congress ; Taxation, and Borrowing Money, 133 

CHAPTER XXXIV. 

Power of Congress in Relation to Commerce, ----- 135 

CHAPTER XXXV. 

Powers of Congress in Relation to Naturalization, Bankruptcy, Money, Copy- 
Rights and Patents, - -- -- -- --189 

CHAPTER XXXVI. 

Powers of Congress in Relation to Piracy, Offenses against the Law of Na¬ 
tions, War, Marque and Reprisal, Army and Navy, District of Columbia; 
Implied Powers, - -- - .....144 

CHAPTER XXXVII. 

Powers Prohibited to Congress, - - - - • - ...147 

CHAPTER XXXVIII. 

Powers Prohibited to Congress, continued, - - - - - 151 

CHAPTER XXXIX. 

Executive Department .-—President and Vice-President; their Election, 
Qualifications, <fcc.,. ---155 








XIV 


CONTENTS. 


CHAPTER XL. 

PAGB 

Powers and Duties of the President; Treaties; Public Ministers ; Appoint- 
■ luents and Remo\ als,.ICO 

CHAPTER XLI. 

Auxiliary Executive Departments:—Department of State, of the Treasury, 
of the Interior, of War, of the Navy and of the Post-Office; Attorney- 


General, ........... 106 

CHAPTER XLir. 

Judicial Department:—District Courts; Circuit Courts ; Supreme Court, 109 

CHAPTER XLIII. 


State Records ; Privileges of Citizens; Fugitives ; New States; Power over 
Territory ; Republican Government; Amendments; Assumption of Pub¬ 
lic Debts ; Supremacy of the Constitution ; Oaths and Tests ; Ratification, 172 

CHAPTER XLIV. 

Amendments to the Constitution ------ - 117 


COMMON AND STATUTORY LAW. 

CHAPTER XLV. 

Rights of Persons Freedom of Speech and of the Press; Habeas Corpus; 
Liberty of Conscience, - -------183 

CHAPTER XLYI. 

Domestic Relations :—Marriage, and the Relation of Husband and Wife; 
Parent and Child; Guardian and Ward ; Minors ; Masters, Apprentices, 
and Servants, -------- -jg^ 

CHAPTER XLVII. 

Rights of Property :—Title to Property by Descent, or Inheritance ; Wills 


and Testaments,.. 

CHAPTER XLVIII. 

Deeds and Mortgages, and the Proof and Recording of them, - - 196 

CHAPTER XLIX. 

Incorporeal Hereditaments ; Right of Way ; Aquatic Rights Party-Walls ; 
Division-Fences, &c., ------- - 198 

CHAPTER L. 

Leases; or Estates for Life Estates for Years; Estates at Will; Estates by 
Sufferance; Rent, &c., ------- 202 







CONTENTS. 

XV 


CHAPTER LI. 


Contracts in General; and wha* is necessary to their Validity, 

IPAGE 

205 

Contracts of Sale, 

CHAP1ER LII. 

209 

CHAPTER LIII. 

Fraudulent Sales and Assignments ; Gifts, &c., - 

213 

CHAPTER LIV. 

Principal and Agent, or Factor; Broker, Lien, &c., 

216 

Partnership, 

CHAPTER LV. 

219 

Bailment, - 

CHAPTER LVI. 

221 

Promissory Notes, 

CHAPTER LVII. 


Bills of Exchange; 

CHAPTER LVIII. 

Interest; Usury,. 

229 


LAW OF NATIONS. 

CHAPTER LIX. 

Origin and Progress of the Law of Nations; and the Natural, Customary, 
and Conventional Laws of Nations, defined, - ^31 

CHAPTER LN. 

The Jurisdiction of Nations; their Mutual Rights and Obligations; the 
Rights of Embassadors, Ministers, &c., ...... 236 

CHAPTER LXI. 

Offensive and Defensive "War ; Just Causes of War ; Reprisals ; Alliances 
in War, - .240 

CHAPTER LXII. 

Declaration of War; its Effect upon the Person and Property of the Enemy’s 
Subjects; Stratagems in War, - - - - - 244 

CHAPTER LXIII. 

Rights and Duties of Neutral Nations; Contraband Goods; Blockade; 

Right of Search; Safe-conducts and Passports; Truces; Treaties of 
Peace, &c., - - - - - 243 








XVI 


CONTENTS. 


PARLIAMENTARY RULES. 

CHAPTER LXIV. 

PAGE. 

Necessity of Rules of Proceeding in Deliberative Bodies ; Organization of an 
Assembly ; Duties of its Officers ; Rights and Duties of Members, - 253 

CHAPTER LXV. 

General Order or Arrangement of Business ; Introduction of Business, by 
Motion, Petition, &c.,.- 257 

CHAPTER LXVL 

Motions:—For the Previous Question; for Postponement; to Lie on the 
Table; to Commit, --------- 259 

CHAPTER LXVII. 

Amendments :—Division of a Question, and its Modification ; different Mo¬ 
tions to Amend; Filling Blanks; Order of Proceeding in Considering 
and Amending Papers,. 2 G 2 

CHAPTER LXVIII. 

Order or Priority of Questions ; Privileged Questions ; Subsidiary and Inci¬ 
dental Privileged Questions, -------- ^CG 

CHAPTER LXIX. 

Committees; their Appointment and Report; Committee of the Whole, 2 i 0 

CHAPTER LXX. 

Order in Debate, - -- -- -- -- - 274 

CHAPTER LXXI. 

Taking the Question ; Manner of Voting; Reconsideration, - - - 277 


Supplementary Notes, - 279 

Synopsis of State Constitutions,.301 

Limitation of Actions,.372 

Declaration of Independence,.331 

Constitution of the United States.389 

Political Parties, their Principles and Measures, - 408 

The History of Reconstruction,.444 

Practical Observations,.499 

Index,.545 











CITIZEN’S MANUAL 


PRINCIPLES OF CIVIL GOVERNMENT. 


CHAPTER I. 

CIVIL GOVERNMENT ; MANKIND FITTED BY NATURE FOP 
CIVIL GOVERNMENT AND LAWS. 

§ 1. By civil government is meant that form of rules by 
which the conduct of men in civil society is to be regulated ; 
or it is the authority exercised in controlling or regulating 
the social actions of men according to certain established 
rules. A society is a number of persons united for some 
purpose ; as a Bible society, a temperance society, an agri¬ 
cultural society. But the term civil society is applied to the 
inhabitants of a state or nation in their associate capacity. 

§ 2. A nation or state is a large society of men united for 
the purpose of promoting their mutual safety and happi¬ 
ness. And in order the more effectually to carry out their 
purpose, they agree to be governed by certain rules. This 
agreement between the people of a state, is sometimes called 
the civil compact; the word compact signifying contract or 
agreement. The nature of this agreement is, that each in¬ 
dividual of the society shall do for the others everything 
which their necessities require, and which he can perform 
without neglecting the duties he owes to himself. 

§ 3. Although the term civil society, in its most com¬ 
prehensive sense, may apply to any people whose conduct 
toward each other is regulated by customs, usages, or 




18 


CITIZEN’S MANUAL 


[Chap. I 


rules of any kind ; civil society is generally considered to 
exist only where the people are in a civilized state, or state 
of social improvement, and are governed by established 
written rules and regulations. By civilization and social 
improvement is meant refinement of manners and advance¬ 
ment in knowledge. Wherever the people enjoy the bene¬ 
fits of learning, and other means of improving their social 
condition, or of making themselves more comfortable and 
happy, they are called civilized ; and the system or form ol 
rules by which such people are governed, or the authority 
exercised in making and enforcing these rules, is called 
civil government. 

§ 4. The rules by which the conduct of men in civil so¬ 
ciety is to be regulated, are called laws; as the commands 
of a parent or householder are the laws of the family, or as 
the rules of a teacher are the laws of the school. A law is 
therefore a rule prescribing what men are to do, or forbid¬ 
ding what they are not to do ; and implies the right and 
authority of those who govern to make the law, and the 
duty of the governed to obey the law. 

§ 5. The necessity of civil government arises from the 
nature and condition of mankind. Man is a social being ; 
that is, he is fitted by nature for society. The Creator has 
given to all men a disposition to associate with each other, 
and made their happiness depend, in a great measure, upon 
such association. They derive from the social state a de¬ 
gree of pleasure which they could not enjoy if each one 
lived by himself. 

§ 6. But man is so formed as to need the assistance of 
creatures like himself to preserve his own being. We can 
hardly imagine how a person could procure the necessaries 
of life without such assistance. But men have the gifts of 
reason and speech. By conversation with their fellow-be¬ 
ings, they are enabled tc ‘mprove their reason and extend 
their knowledge, and to find out the means of satisfying • 
their wants, and of improving their social condition. 

§ 7. But although men need the assistance of each other, 
they are so formed that each must have the care of himself 
By this arrangement in society, which obliges each one to 
provide for his own wants, a greater amount of labor is 
performed, a greater number cared for, and the general 
welfare better secured, than would be done if each were re- 


Chap. I. 


PRINCIPLES OF GOVERNMENT 


19 


quired to labor for the common benefit. From this arrange* 
• ment comes the right of property. If the -avails of each 
man’s labor should go into a common stock for the use and 
benefit of all, there would be nothing that any one could 
call his own. But if each is to provide for himself, he must 
have a right to appropriate the fruits of his labor to his own 
use. 

§ 8. Again, all men in society have wants ; but these 
wants can be rightfully gratified only so far as it can be 
done consistently with the rights of others ; for it is a fun¬ 
damental principle in civil society, that the rights of all are 
entitled to equal respect. Hence we see the necessity of 
some established rules by which every man may be pro¬ 
tected in the free enjoyment of whatsoever justly belongs 
to him. 

§ 9. We see also that men are fitted for civil government 
and laws. They have power to discern their own wants, 
and the wants of their fellow-men ; to perceive what is right 
and what is wrong ; and to know that they ought to do 
what is right, and forbear to do what is wrong. Their 
reason enables them to understand the meaning of laws, 
and to discover what laws are necessary to regulate the 
actions of men. 

§ 10. It is the opinion of some, that if all men in their 
social intercourse were actuated only by feelings of pure 
good will, and a sincere regard for each other’s rights and 
welfare, laws for their government would be unnecessary. 
But with the aid of all the powers of reason and judgment 
which the Creator has bestowed upon men, they are incapa¬ 
ble, in their present imperfect state, of determining in all 
cases what is right or wrong. Hence we conclude, that, 
with the best intentions of men to do right, laws would be 
necessary to declare what shall be considered just between 
man and man, and to enforce obedience to those laws. 

§ 11. To give force to a law, it must have a penalty. 
Pj&LQlty is the pain or suffering inflicted upon a person for 
breaking a law ; as, imprisonment or a fine is the penalty 
for stealing ; hanging is the penalty for murder. If no 
penalties were annexed to laws, men could not be compelled 
to obey them ; bad men would commit the worst Crimea 
without fear ; life and property would be unsafe ; and gen¬ 
eral disorder would prevail in society. 


20 


CITIZEN’S MANUAL. 


[Chap. II 


CHAPTER II 

RIGHTS AND LIBERTY, AND LAWS, DEFINED. 

§ 1 The object of civil government, as has been observed, 
is to secure to the members of a community the free enjoy* 
ment of their fights. A right is the just claim or lawful 
title which we have to anything. Hence we say, a person 
has a right to what he has earned by his labor, or bought 
with his money. Having thus acquired it, it is lawfully 
and justly his own, and no other person has a right to it. 
We have also a right to do as we please, and to go where 
we please, if in so doing we do not trespass upon the rights 
of others : for all men in society have the same rights ; and 
no one has a right to disturb others in the enjoyment of 
their rights. 

§ 2. The being free to enjoy what belongs to us, or to do 
as we please, is called liberty. The words right and liberty , 
however, have not the same meaning. We may have a 
right to a thing when we have not the liberty of enjoying 
or using it. John has a pencil which is justly his own ; but 
James takes it from him by force. John’s liberty to enjoj 
the use of his pencil is lost, but his right to it remains.— 
James has no right to the pencil, though he enjoys the use 
of it. 

§ 3. All laws ought to be so made as to secure to men the 
liberty to enjoy and exercise their natural rights. Natural 
rights are those to which we are entitled by nature, rights 
with which we are born. s Every person is born with a right 
to live, and freely to enjoy the fruits of his labor, and what¬ 
soever is justly his own. Hence liberty itself is a natural 
right ; that is, it is ours by nature, or by birth, and can 
not be rightfully taken from us. 

§ 4. Some rights are also called inalienable. This term is 
offen applied to natural rights in general. But in its strict 
and proper sense, it means only rights which a person can 
not lawfully or justly alienate and transfer to another ; that 
is, rights which can not be parted with and passed over tc 
another, by one’s own act. But natural and inalienable 
rights may be forfeited by crime. By stealing, a man 


Chap. II.] 


PRINCIPLES OF GOVERNMENT. 


21 


loses liis right to liberty, and is justly imprisoned. If he 
commits murder, he forfeits his right to life, and lawfully 
suffers death. 

§ 5. Rights and liberty are sometimes called civil rights 
and civil liberty. It may be asked, Wherein do these differ 
from natural rights and liberty ? Rights and liberty may, 
<tt the same time, be both natural and civil. Speaking of 
liiem as being ours by nature, or by birth, we call them 
natural ; when they are spoken of as being secured to us 
by civil government and laws, they are called civil. John’s 
right to his pencil, being secured to him by the laws of 
civil society, is a civil right. It is at the same time a natu¬ 
ral right, because, by the law of nature, he is born with a 
right to the free use of his property. 

§ 6. Some consider natural liberty to consist in the free¬ 
dom to do in all things as we please, without regard to the 
interests of our fellow-men ; and that, on entering into 
civil society, we agree to give up a portion of our natural 
rights to secure the remainder, and for the good of other 
members of the society.- Rut if mankind are by nature fitted 
and designed for the social state, and are all entitled to 
equal rights, then natural liberty does not consist in being 
free to say or to do whatever our evil passions may prompt 
us to do. To rob and to plunder may be the natural right 
of the tiger ; but it is not the natural right of men. Natu 
ral rights and natural liberty are such only as are conferred 
by the law of nature, which forbids our doing whatever is 
inconsistent with the rights of others. 

§ 7. The law of nature is the will of the Creator. It is 
called the law of nature, because it is a perfect rule of con¬ 
duct for all moral and social beings ; a rule which is right 
in itself, right in the nature of things, and which would be 
right and ought to be obeyed, if no other law or positive 
command had ever been given. It is right in itself that all 
men should have the liberty of enjoying the use of what is 
their own ; and it would be right that we should give to 
every one his due, if we had never been commanded to do 
so. 

§ 8. The law of nature is the rule of conduct which we 
are bound to observe toward our Maker and our fellow-men, 
by reason of our natural relations to them. Mankind being 
dependent upon their Creator, they owe him duties which 


CITIZEN’S MANUAL. 


L Chap. II 


they ought to perform, though he had never positively en¬ 
joined these duties. To serve our Creator is a duty which 
arises out of the relation we sustain to him. So the rela¬ 
tion between parent and child renders it fit and proper that 
children obey their parents, on whom they are dependent 
for protection and support. And from our relations to our 
fellow-men, on whom also we are in a measure dependent, 
and who have the same rights as ourselves, it is our duty 
to promote their happiness as well as our own, by doing to 
them as we would that they should do to us. This is re¬ 
quired by the law of nature. 

§ 9. But if the law of nature is the rule by which man¬ 
kind ought to regulate their conduct, it may be asked* Of 
what use are written laws ? Mankind are not capable of 
discovering, in all cases, what the law of nature requires. 
It has therefore pleased Divine Providence to reveal his 
will to mankind, to instruct them in their duties to himself 
and to each other. This will is revealed in the Holy Scrip¬ 
tures, and is called the law of revelation , or the JDivine law. 

§ 10. But although men have the DivinATaw for their 
guide, human laws also are necessary. The Divine law is 
broad, and comprehends rules to teach men their whole 
duty ; but it does not specify every particular act of duty ; 
much of it consists of general principles to which particular 
acts must be made to conform. God has commanded men 
to do right, and to deal justly with each other ; but men do 
not always agree as to what is right : human laws are 
therefore necessary to regulate the conduct of men. And 
these laws are written that it may always be known what 
they are. 

§ 11. Again, it may be asked, What must be done when 
a human law does not agree with the Divine law ? Must 
the human law be obeyed ? A law clearly contrary to the 
law of God, we are not bound to obey. We may not, how¬ 
ever, disobey a law simply because it does not require what 
is strictly just between men. A law may be very imperfect, 
as many human laws are, and yet we ought to obey it, and 
may do sc without breaking the Divine law. It is some¬ 
times difficult to determine whether human laws and the 
Divine law agree. Hence the importance of having thi 
laws made by wise and good men. 


Cbap. III.] 


PRINCIPLES OF GOVERNMENT. 


23 


CHAPTER III. 

DIFFERENT FORMS OF GOVERNMENT.—MONARCHY ; AIMS 
TOCRACY ; DEMOCRACY ; REPUBLIC. 

§ 1. The people of all civilized countries live undei gov 
eminent and laws ; but their several modes and forms oi 
government are very unlike ; that is, the power or author¬ 
ity to govern is not in all countries placed in the same 
class of persons, nor exercised in the same manner. 

§ 2. The governing power of a state or kingdom is usu¬ 
ally called the sovereign or supreme power. Hence, where 
kings rule, they are called sovereign ; and where the 
power is in the hands of the people, the people are sover¬ 
eign. In the strict sense of the term, however, entire sov¬ 
ereignty, or supreme power, exists only where power is 
exercised by one man, or a single body of men, uncontrolled 
or unrestrained by laws, or by any other power. But in a 
more general sense, it is that power in a state which is su¬ 
perior to all other powers within the same. 

§ 3. A form of government in which the supreme power 
is in the hands of one person, is called a monarchy. Tl 
word monarch is from two Greek words, monos , sole or only ; 
and arkos , a chief; and is a general name for a single ruler, 
whether he is called king, emperor, or prince. A govern 
ment in which all power resides in or proceeds from one 
person, is an absolute monarchy. If the power of the monarch 
is restrained by laws, or by some other power, it is called 
a limited monarchy. 

§ 4. A monarchy is called hereditary in which the throne 
passes from father to son, or from the monarch to his suc¬ 
cessor, by inheritance. On the death of the sovereign, the 
eldest son is usually heir to tho crown ; or if there is no son, 
it falls to the daughter, or some other relative. A monarchy 
is elective , where, on the death of the ruler, his successor is 
appointed by an election. A few such monarchies have 
existed. 

§ 5. Absolute monarchies are sometimes called despotisms. 
The word despot is from the Greek language, and means 
master or lord. It has nearly the same meaning as tyrant , 


24 


CITIZEN’S MANUAL. 


TChap III 


which also is from the Greek, and signifies King. Originally 
these words meant simply a single ruler. But as unlimited 
power in the hands of one man has been so generally 
abused, these words have come to be used in an odious 
sense. They are now applied, for the most part, to rulers 
who exercise authority over their subjects with severity ; 
and any government so administered as to oppress the peo¬ 
ple, is said to be despotic, or tyrannical. In an absolute 
despotism, the monarch has entire control over his subjects. 
They have no law but the will of the ruler, who has at com¬ 
mand a large force of armed men to keep his people in sub¬ 
jection. The governments of many of the nations of Europe 
and Asia have always been of this description. Changes in 
some of them have occasionally taken place, but without 
any material improvement in the condition of the people. 

§ 6. Governments called aristocracies have also existed ; 
though no government, properly so called, is believed to 
exist at the present time. The word aristocracy is from the 
Greek words, aristos, best, and kratos, power, or krateo , to 
govern ; and means a government of the best. Hence it has 
been used to designate a government in which the supreme 
power is in the hands of a few persons of rank and wealth. 
The word aristocracy is also used for the nobility of a coun¬ 
try under a monarchical government. Nobles are persons 
of rank above the common people, and bear some title of* 
honor. The titles of the English nobility are those of duke, 
marquis, earl, viscount, and baron. These titles are heredi¬ 
tary, being derived from birth. In some cases they are 
conferred upon persons by the king. 

§ *1. Another form of government is a democracy. This 
word also is from the Greek : demos , the people, and krateo , 
to govern, or kratos , power ; and signifies a government of 
the people. In a government purely democratic, the great 
body of freemen meet in one assembly to make laws, and to 
transact the public business. In ancient Greece there were 
a few governments of this kind ; but they necessarily com¬ 
prised small territories, scarcely more than a single town. 
All the citizens of a large community could not meet in a 
single assembly. 

§ 8. The form of government in this country is different 
from all those which have been described. It is republican. 
A republic is a government in which the people enjoy com' 


ffcap. IV. | 


PRINCIPLES OF GOVERNMENT. 


25 


mon rights and privileges. Hence the name of commonwealth 
is sometimes applied to a republic ; as a thing is said to be 
common when it is enjoyed by persons in general. Some¬ 
times this name is given to a state of this Union, as, the 
“ commonwealth of Massachusetts the “ commonwealth 
of Pennsylvania.” Every state in the Union is a republic. 

§ 9. In a republic, the political power is with the people, 
as in a democracy. The words republic and democracy 
have, therefore, nearly the same meaning. Our government, 
though democratic, is not such a democracy as has been 
described. In a republic like ours, the laws, instead of be¬ 
ing made by the people in a body, as in a pure democracy, 
are made by a small number of men called representatives, 
who are chosen by the people for that purpose. 

§ 10. The government of this country is therefore a repre¬ 
sentative government , or a representative democracy; or it may 
with propriety be called a democratic republic. A representa¬ 
tive is a person chosen or employed by others to make 
known their wishes, and to transact their business. He is 
therefore an agent. The word agent , however, more fre¬ 
quently denotes a person intrusted with the private business 
of another ; the term representative is generally used to desig¬ 
nate one who is chosen to assist in enacting laws. 

§ 11. Although most of the powers of government in this 
country are exercised by representatives, instead of the 
people in person, as in a simple democracy, our government 
is equally free, because the power to govern is derived from 
the people, and the government is such as they have chosen 
for themselves. 


CHAPTER IY. 

GOVERNMENTS OF RUSSIA, TURKEY, EGYPT, SPAIN, 
DENMARK. 

§ 1. Having defined the different forms of government 
as distinguished by the general names of monarchy, aris¬ 
tocracy, democracy, and republic, we proceed to give a 



26 


CITIZEN’S MANUAL. 


[Chap. IV. 


description of the governments of some of the principal 
nations of Europe and America, in which these several 
principles are illustrated. From this description it will 
appear that very few of these governments are either 
wholly monarchical, aristocratical, or democratic ; but 
that, in most of them, some or all of these several prin¬ 
ciples are combined. 

g 2. Of the class of monarchies called absolute or des¬ 
potic, the government of Russia is one. The power of 
the emperor, or czar, is hereditary. The people have but 
little part in the government, but are subject to the will 
of the sovereign. The monarch can make laws and re¬ 
peal them at pleasure. He can make war or peace ; raise 
armies and levy taxes ; and he confers privileges and 
titles of honor upon whomsoever he pleases. He com¬ 
mands the nobles, and has their property directly or in¬ 
directly at his disposal. He is restrained, however, in 
the severity of his rule, by the fear of forfeiting his life, 
as was the case of one of his predecessors. The autocrat 
(as he is sometimes called) also has control of ecclesias¬ 
tical matters. He must be of the Greek religion. 

§ 3. The administration of the empire consists of four 
great councils, possessing separate functions but center¬ 
ing in the “ private cabinet of the emperor.” The first 
of these boards is the council of the empire , established 
by Alexander I. in the year 1810. It consists of a presi¬ 
dent and an unlimited number of members appointed by 
the emperor. The present number is forty-two mem¬ 
bers, exclusive of the ministers, who have a seat ex officio, 
and of the princes of the imperial house. The council is 
divided into three departments—legislation, civil admin¬ 
istration, and finance — each one having its president 
and distinct sphere of duties. The functions of this 
council are superintending the general administration, 
watching over the due execution of the laws of the realm, 
and proposing changes in the same. This council stands 
in direct communication with the imperial cabinet. 

§ 4. The second of the great colleges of government is 
the directing senate , established by Peter I. in the year 
1711. The functions of the senate are partly deliber¬ 
ative, partly executive. It is the high court of justice 
for the empire controlling all the inferior tribunals. It 


Chap. IV.] 


PRINCIPLES OF GOVERNMENT. 


27 


is divided into eight sections, five sitting at St. Peters¬ 
burg, three at Moscow. At the general, meetings the 
minister of justice takes the presidency, as the high pro¬ 
curator of the emperor. Besides superintendence over 
the courts of law, the senate examines into the state of 
public revenue and expenditure, and has power to make 
a great variety of appointments, and to make remon¬ 
strances against the course of the emperor. 

§ 5. The third college, established by Peter I. in the 
year 1721, is the holy synod , and to it is committed the 
superintendence of the religious affairs of the realm. It 
is composed of the chief dignitaries of the church, and 
all its decisions run in the emperor’s name, having no 
force till approved by him. The president of the holy 
synod is the metropolitan of Novorod. 

§ 6. The fourth board is the council of ministers , 
divided into eleven departments. All of the heads of 
these departments have assistants, and they communicate 
directly with the sovereign and the “ private cabinet of 
the emperor,” in which latter centers all executive au¬ 
thority. The private cabinet is divided into four sections, 
the first of which has the superintendency of the other 
three, and is in direct communication with the em¬ 
peror. The second is the legislative department. The 
third is in direct control of the army and secret police ; 
and the fourth, of public instruction and ecclesiastical 
matters. 

§ 7. Local administration differs in different provinces, 
conquered countries having been allowed to preserve 
their own laws and institutions largely. The empire is 
divided into vice-royalties, governments, and districts— 
there being 14 of the first, 51 of the second, and 32D of 
the last. The viceroy is the representative of the em¬ 
peror, and as such has supreme authority, and all func¬ 
tionaries make their reports to him. At the head of each 
government or province is a civil governor, representing 
the viceroy. The government of the parish and part of 
the local administration is intrusted to the people, leav¬ 
ing them free in matters of social interest. For this pur¬ 
pose the country is divided into communes, which elect 
their own officers by annual ballot. These communal 
assemblies meet thrice a year. This method of parish 


28 


CITIZEN’S MANUAL. 


[Chap. IV. 


government has always obtained among the Cossack 
tribes, and since the emancipation of the serfs has be¬ 
come universal. It will thus be seen that though Russia 
is one of the most despotic of nations, it has the germ of 
the representative system. 

§ 8. The great body of the population is divided into 
nobles and peasants, the middle class being less numer¬ 
ous. Most of the Russian nobles are of ancient birth, 
and many of them enormously rich, though their wealth 
has diminished since the abolition of serfdom, the great 
glory of the present reign. Previous to the year 1861, 
the bulk of the population were serfs, belonging to the 
crown or to private individuals. By the imperial decree, 
which went into full execution in 1863, 45,000,000 of 
serfs were either made free or established in the certain 
way of emancipation. By a judicious system the serfs 
were enabled to purchase their own freedom, the previ¬ 
ous labor of the serf entering into the estimate of value. 
As the serfs were appanages of the land, each one as he 
gained his liberty became also a freeholder. The serfs 
paid 20 per cent, of their value to their masters, the rest 
being advanced by the government, for which the freed 
peasants were allowed forty-nine years for reimburse¬ 
ment. The whole of these arrangements were consum¬ 
mated in 1865, the last year of Russian serfdom. 

§ 9. The laws promulgated by the emperor through 
his boards of government are called ukases or decrees. 
The most serious penalties, peculiar to Russia, and only 
administered for state and capital offences, are exile to 
Siberia and the knout . The latter is now, however, 
rarely given, and both are far less arbitrarily adminis¬ 
tered than under former reigns. The reign of Alexander 
II. has been remarkable for clemency, and devotion to the 
improvement of the people. 

§ 10. The Turkish government is still more despotic 
in most essential particulars than that of Russia. The 
fundamental laws are based on the precepts of the koran. 
The will of the sultan is absolute, so far as it does not 
conflict with the truths laid down in the sacred book of 
the prophet. Next to the koran, the laws of the “ mul- 
teka,” a code formed of the supposed sayings of Mo¬ 
hammed, are binding. These two, believed to be of 


Chap. IV.] 


PRINCIPLES OF GOVERNMENT. 


29 


divine origin, embody the principles of Moslem state¬ 
craft, and prescribe the action of the government. 

§11. The legislative and executive authority are exer¬ 
cised under the supreme direction of the sultan by two 
high dignitaries, the Grand Vizier , or head of the tem¬ 
poral government, and the /Sheik ul Islam , the head of-the 
church. Both are appointed by the sovereign, the latter 
v r ith the nominal concurrence of the Ulema. The latter 
body consists of all the great theologians and jurists, the 
principal teachers of literature and science, who may be 
summoned by the chief mufti, or interpreter of the koran. 
The sultan refers to the Ulema , presided over by the Sheik 
ul Islam , in all matters of importance, as they must de¬ 
cide whether a proposed action be conformable to the 
koran. Successful leaders of a rebellion must go through 
a similar process before a sultan can be deposed. 

§ 12. The temporal administration comprises three 
classes of “ dignities of the pen ” : 1. The sublime porte 
of the grand vizier, who presides over the state councils 
with three ministers ; 2. The porte of ministers of finance, 
comprising sundry officials in branches of finance and 
keepers of the seal, also known as the divan ; 3. The 
agha, comprising a large number of civil and military 
officers of state in close relation to the sultan’s person. 
The “ dignities of the sword ” comprise vice-regal and 
provincial governors, ranking as pashas and beys. The 
former are at once military and civil commanders, judges 
and receivers of taxes, with almost absolute authority in 
their districts. The invariable feature of the system is 
its opportunity for corruption and maladministration. 

§ 13. Forms of constitution after the western model 
have been drawn up at various times, the first of them 
in the hatti-humayoun of sultan Abdul-Medjid in 1856, 
the last in a decree of Abdul-Hamid II. in 1876. But 
these projects of reform have been entirely nugatory. 

§ 14. The whole of the empire is divided into govern¬ 
ments and subdivided into provinces or districts. A gen¬ 
eral governor, assisted by a council, is at the head of 
each government. The provinces and districts are ruled 
by appointees of the general governor. All subjects are 
eligible to the highest offices of state, as all true believers 
are equal in the eye of the law. 


30 


CITIZEN’S MANUAL. 


[Chap. IV. 


§ 15. The head of the Egyptian government is an 
hereditary sovereign, called the khedive.. The first of 
his dynasty, Mehemet Ali, appointed governor of Egypt 
in 1806, made himself master of the country by force of 
arms. His position was recognized under a guarantee 
of the European powers in 1841, which established his 
hereditary right. His title of viceroy was changed in his 
successors by an imperial firman in 1866 into the Perso- 
Arabic of khidif-el-misr , or king of Egypt. The same 
firman established succession by promogeniture instead 
of to the eldest heir, as in Turkey. By the last firman 
in 1873, the sultan granted to the khedive the right of 
making treaties, declaring war, and maintaining armies. 
He thus became an absolute sovereign. The tribute paid 
by Egypt to Turkey is £705,000 annually. 

§ 16. The administration of Egypt is carried on by a 
council of state of four military and four civic digni¬ 
taries appointed by the khedive. An attempt was made 
in 1867 to form representative institutions by the crea¬ 
tion of a chamber of deputies, chosen from among the 
most prominent persons of the country, to advise when 
called on in the conduct of public affairs. But this body 
has but little actual power, and reflects the will of the 
sovereign. 

§ 17. By arrangements entered into between the khe¬ 
dive and the representatives of the English and French 
creditors of Egypt in 1876, the control both of the debt 
of Egypt and the general revenue and expenditure was 
given over to a financial commission, consisting chiefly 
of Europeans. The officers of this commission have power 
to remit the revenues directly to the banks of England 
and France. It will thus be seen that in the most impor¬ 
tant of particulars the Egyptian sovereign is under the 
tutelage of the two great western powers. 

§ 18. The position of Egypt relative to Africa, the 
growing wisdom and forethought of its government, 
make its future one of great importance as bearing on 
the problem of African civilization. The consolidation 
of its debt and the establishment of a sinking fund pro¬ 
mise a speedy recovery from financial difficulty, and 
justify bright auguries of an important mission among 
the powers of the East, 


Chap. IV.] 


PRINCIPLES OF GOVERNMENT. 


31 


§ 19. Spain was changed from a monarchy into a re¬ 
public with the expulsion of Queen Isabella from the 
throne in 1868. It became a monarchy again in 1874, 
and Alfonso XII. was proclaimed king. The present 
constitution of Spain was drawn up and ratified by the 
cortes in 1876. Under it Spain is a. constitutional mon¬ 
archy, the executive resting in the king, and the power 
to make laws in the king with the cortes. The cortes 
are composed of a senate and congress equal in au¬ 
thority. There are three classes of senators : senators 
by their own right, life-senators nominated by the crown, 
and senators elected by the corporations of state. The 
congress is formed of deputies, named in the electoral 
juntas, in the proportion of one to every 50,000 souls. 
The elections are for five years, the cortes meeting every 
year, though the king has the power of convoking, sus¬ 
pending, or dissolving them at pleasure. The king and 
each of the legislative chambers can take the initiative 
in legislation. The ministers of the king are responsible, 
and his decrees have no weight without the signature of 
at least one of them. 

§ 20. The various provinces, districts, and communes 
of Spain are governed by their own municipal laws, with 
strongly pronounced local administration. Neither the 
king nor the cortes have the right to interfere in the 
established municipal and provincial self-government. 
Under the present constitution the powers of the people 
have been enlarged, and those of the monarch limited. 
The state religion is Catholic, but a restricted liberty of 
worship is allowed to the Protestants, public announce¬ 
ments of the same being forbidden. 

§ 21. The government of Denmark, as embodied in 
the latest charters, is a limited constitutional monarchy, 
the last changes having been introduced in 1866. The 
executive power is in the king and his ministry, and 
the right of legislation in the Bigsdag , or diet. The king 
must be of the Lutheran church. The rigsdag comprises 
the Landsthing and the Folkesthing , or a senate and house 
of commons. The Landsthing consists of 66 members, 
one-fifth being life-appointments by the crown, the others 
being chosen by an electoral college. 

§ 22. The Folkesthing , or lower house, consisting of 102 


32 


CITIZEN’S MANUAL. 


[Chap. IV. 


members, is the fruit of direct election and universal 
suffrage. The franchise, within certain restrictions, be¬ 
longs to every male citizen of thirty years of age. The 
rigsdag must meet every year. All money legislation 
must originate in the lower house. The Landsthing has, 
in addition to legislative functions, the appointment of 
the supreme court. The ministers have access to both 
houses, but can only vote and speak in the higher. 

§ 23. The ministry, consisting of the heads of six 
bureaus, are directly, individually, and collectively re¬ 
sponsible to the diet, and, in case of conviction or im¬ 
peachment, can only be pardoned by the lower house. 
The crown of Denmark has always been elective, with a 
tendency to hereditary succession. The constitution of 
Denmark resembles much that of England, and the gov¬ 
ernment is one of the most liberal in Europe. 

§ 24. The government of Italy is a constitutional 
hereditary monarchy, the reigning sovereign being Vic¬ 
tor Emanuel II. The present constitution is an expan¬ 
sion of the “ Statuto-fondamente del Regno,” granted on 
March 4, 1848, by King Charles Albert. According to 
this charter, the executive power is exercised by the king 
through a responsible ministry, while the legislative au¬ 
thority rests conjointly in the king and parliament—the 
latter consisting of two chambers, the senate and the 
“ camera de’ deputati.” The senators, consisting of 240 
members, is composed of the princes of the royal house 
and an unlimited number of life-members appointed by 
the king, who shall have been officers of state, or distin¬ 
guished in some leading profession. The deputies of the 
lower house are elected by popular majorities, all being 
entitled to vote who are twenty-five years of age and pay 
a certain small specified tax. The whole of the population 
are divided into electoral colleges or districts. A deputy 
must be thirty years of age, and have certain prescribed 
requisites. No member of parliament receives a salary. 

§ 25. The duration of parliament is five years, the king 
having the power to dissolve the lower house at any time 
and order a new election, and convoke a fresh meeting. 
Each chamber can introduce new bills, the right to intro¬ 
duce financial legislation being confined to the lower 
house. The ministers attend both sessions, but cannot vote. 


Chap. V.] 


PRINCIPLES OF GOVERNMENT. 


33 


CHAPTER V. 

GOVERNMENTS OF GREAT BRITAIN AND FRANCE. 

§ 1. Although a monarchy is literally a government of 
one man, some governments are called monarchies in which 
the authority of the prince is restrained by laws, and a part 
of the supreme power is in other hands, or in which the 
people have some voice. These, as has been observed, are 
limited monarchies , or mixed governments , partaking of the nature 
of both a monarchy and a free government. 

§ 2. The kingdom of Great Britain is a limited monarchy, 
and the crown is hereditary. Its government is perhaps 
more liberal than any other government of the kind, and 
its people are more enlightened and better governed. It is 
the country of our ancestors, by whom many of the funda¬ 
mental principles of civil liberty were introduced and estab¬ 
lished here. 

§ 3. The manner in which the powers of government are 
divided and distributed among the different classes of offi¬ 
cers, as well as the manner in which these powers are 
exercised, is much the same under the British constitution 
as under our own. A principal defect of that govern¬ 
ment involved in the limitation of political rights was 
obviated in the reform bill of 1867-68, which extended 
the right of suffrage as largely perhaps as political wis¬ 
dom justified under the conditions of the country, as gov¬ 
erned by the traditional conservatism of the nation. 

§ 4. The legislative or law-making power is vested in the 
parliament, consisting of the house of lords and the house 
of commons. Proposed laws, or bills , as they are called, are 
framed and completed in the two houses ; the king taking 
no part in the enactment of laws other than that of signing 
them. No bill can become a law if the king refuses to 
sign it. When the king refuses to sanction a proposed 
law, he is said to negative the bill. The power thus to pre¬ 
vent the enactment of a law, is called the veto power ; veto 
being a Latin word, signifying I forbid. This is a very 
dangerous power in the hands of one who is disposed to 
abuse it. No king of Great Britain, however, has exei> 


34 


CITIZEN’S MANUAL. 


[Chap. V. 


cised this power for more than a hundred years. The 
veto power, in a qualified form, exists to some extent in 
the United States. (See Chap. XV, § 13, 14.) 

§ 5. The house of lords is composed of the lords spirit¬ 
ual and temporal of England ; sixteen temporal peers of 
Scotland ; and twenty-eight temporal peers of Ireland, 
with one archbishop and three bishops of the latter coun¬ 
try. In England peers are divided into five ranks : 
dukes, marquises, earls, viscounts, and barons. The lords 
spiritual of England are two archbishops and twenty- 
four bishops. The temporal lords are not limited in num¬ 
ber, the sovereign having power to appoint any one to 
the peerage. In 1876 the number of peers in the house 
of lords was 497. 

§ 6. The house of commons represents the people. To 
be eligible for election one must be simply a native of the 
United Kingdom and to have attained his majority. The 
last house, in 1876, numbered 652 members. Without 
entering into the details of the reform bill of 1867-68, it 
is sufficient to state that its various provisions extend the 
right of suffrage sufficiently to cover nearly everybody 
fit to vote intelligently and responsibly. Though not 
without grave defects, it has been found to work ad¬ 
mirably up to the present time. The reform bills for 
Scotland and Ireland, passed at the session of 1868, are 
nearly the same in character. The differences are such 
as were naturally suggested by the diverse characteristics 
of the peoples. 

§ 7. The duration of a parliament is seven years. It has 
the sole right of making, altering, or amending all the laws ; 
and by its authority alone can taxes be imposed or levied. 
Parliament meets annually. It usually commences its ses¬ 
sions in January or February, and continues them about six 
months. 

§ 8. The powers of the king of Great Britain are large 
and numerous. Although he alone can not make laws as 
an absolute ruler, he can, as has been observed, defeat the 
passage of all laws. A parliament can not be held, unless 
it is convoked by him ; nor can it, except by him, be dis¬ 
solved on prorogued. Prorogue means to prolong, also to 
delay ; hence, to delay the business of parliament by con¬ 
tinuing the parliament from one session to another, as by 


Chap. V.] 


PRINCIPLES OF GOVERNMENT. 


35 


adjournment. To prorogue parliament, therefore, is the 
same as to stop or put off its action by dismissing the body. 
This the king can do at any time. He has the power to 
create officers of state, ministers, judges, and other officers, 
and, in certain cases, to pardon persons convicted of crimes. 
He has also power to make war and peace. 

§ 9. These powers, however, find a check in the control 
which the representatives of the people hold over the public 
purse. The money to maintain armies and fleets, to carry 
on war, and to pay the salaries of his officers, can not be 
obtained without the consent of parliament. He has the 
sole right to assemble parliaments ^ but he is required by 
law to assemble a parliament as often as once in three 
years. And though he is the head of the church, he can 
not alter the established religion, nor can he call persons 
to account for their religious opinions. 

§ 10. The king has a privy council, appointed by himself, 
who are bound by oath to advise him to the best of their 
judgment, and with secrecy. This council inquires into all 
offenses against the government, and has power to put the 
offenders in safe keeping for trial in some of the courts of 
law. The privy council itself acts as a court in certain 
cases. 

§11. The king has also a large number of officers of 
state, (about thirty,) appointed by himself, to conduct the 
business of state. Of these ministers he selects a number, 
(twelve, it is believed,) to constitute what is called a cabi¬ 
net council. This council usually consists of those officers of 
state who are intrusted with the most important executive 
business, and are his responsible advisers. The duties of 
these executive officers are similar to those of the heads of 
departments in the government of the United States, who 
are called the president’s cabinet. Cabinet is a select num¬ 
ber of confidential counselors, who advise with the execu¬ 
tive in matters of government. 

§ 12. The courts of justice in Great Britain, and the man¬ 
ner in which justice is administered by them, are nearly the 
same as in the United States. The judgment of British 
courts has always been ccnsidered high authority in this 
country. 

§ 13. The government of France, formerly almost 
purely despotic, was, by the revolution of 1830, changed 


36 


CITIZEN’S MANUAL. 


[Chap. V. 


into a limited monarchy, similar to that of Great Britain. 
Another revolution took place in 1848, which resulted in 
the establishment of a republic. Again, in 1851, the 
government was changed into one highly monarchical ; 
but with no strong probability of its being permanent. 
The constitution, though adopted by the people, was dic¬ 
tated by the president of the republic himself, who, while 
he retained to himself the title of president, and to the 
government that of republic, was invested with the 
powers of a dictator rather than the limited powers of a 
republican president. 

§ 14. The president was elected for the term of ten 
years. But not satisfied with a limited term of office, he, 
the next year, by some public announcement, declared 
himself emperor for life, subject, however, to the will of 
the people, which he succeeded in obtaining. The reign 
of the second Napoleon lasted till 1870, when, as a result 
of the Franco-German war, after a short interval of 
chaos and disorder, the constitutional republic was again 
established. 

§ 15. The present constitution of France, voted by the 
national assembly elected in 1871, was established in 
1875. It vests the legislative power in an assembly of 
two houses—the chamber of deputies and the senate ; 
and the executive in the president. The chamber of 
deputies is elected by universal suffrage. The only 
requisite for the franchise is to be a citizen and of age. 
The house of deputies consists of 532 members. The 
senate is composed of 300 members, 225 of which are 
elected by the departments of France and the colonies, 
through a system of electoral colleges, and 75 are nom¬ 
inated first by the national assembly, and elected by the 
senate. Both houses assemble in January and remain in 
session five months. The houses have conjoint action in 
originating and framing laws, but financial measures 
must first be presented to and voted on in the house of 
deputies. 

§ 16. The period of incumbency for the president is 
seven years, and for the senators nine years, excepted 
those elected by the senate itself, who sit for life. The 
president is elected by the national assembly, and has the 
initiative of legislation concurrently with the chambers. 


Chap. V.] 


PRINCIPLES OF GOVERNMENT. 


37 


The president of the French republic has all the powers 
of our own chief executive, with certain additional 
powers, among which is to dissolve at any time the lower 
house. The ministry are responsible to the chambers for 
the general policy of the government. The president is 
responsible in case only of high treason. In the event 
of vacancy by death or other cause, the two houses 
immediately proceed to a new election. 

§ 17. The system of provincial government in France 
has the same simple and effective organization which pre¬ 
vailed under the imperial regime; the division being 
into arrondissements, cantons, and communes. These 
are governed by prefects and sub-prefects, who are paid 
according to the extent of their jurisdiction. Public 
education in France is directly under the supervision of 
government, and mostly in the hands of the Roman 
clergy. About thirty per cent, of the population are 
entirely devoid of education. The public debt of France 
is nearly four billions of dollars, but it is held almost 
entirely by the French people, the number of bond¬ 
holders being quite equal to that of the land-holders. 


CHAPTER VI. 

GOVERNMENTS OF NORTH GERMANY, PRUSSIA, AUS¬ 
TRIA-HUNGARY, NETHERLANDS, SWEDEN, GREECE, 
SWITZERLAND, SOUTH AMERICAN STATES, ETC. 

§ 1. The unification of the minor German States to 
form with Prussia the North German Empire, was ac¬ 
complished under the enthusiasm incident to the late 
Franco-German war. Previously there had been a con¬ 
federacy represented by a diet designed to regulate the 
general affairs of Germany ; but this union was weak and 
liable at any time to go to pieces. Under the constitu¬ 
tion of the empire, bearing date April 16, 1871, all the 
states of Germany formed u an eternal union for the pro- 



38 


CITIZEN’S MANUAL. 


[Chap. VI. 


tection of the realm and the care of the welfare of the 
German people.” The supreme direction of the military 
and civil affairs of the empire is vested in the king of 
Prussia, who, as such, hears the title of Deutscher Kaiser . 
The kaiser represents the empire internationally, and can 
declare war, if defensive, and make peace, as well as 
enter into treaties with other nations, and appoint and 
receive ambassadors. To declare offensive war, the em¬ 
peror must have the consent of the Bundesrath , or fed¬ 
eral council, which, with the Reichstag, or diet of the 
realm, makes up the legislative body. 

§ 2. The Bundesrath represents the individual states 
of Germany, and the Reichstag the German people. The 
members of the former—fifty-nine in number—are ap¬ 
pointed for each session by the governments of states, 
while the members of the popular house—397 in num¬ 
ber—are elected by universal suffrage for the term of 
three years. Both the Bundesrath and Reichstag meet 
in annual session convoked by the kaiser. All imperial 
laws must receive an absolute majority in both houses. 
The upper house is presided over by the chancellors of 
the empire, and the lower is presided over by an officer 
elected by the deputies. 

§ 3. Acting under the direction of the chancellor, the 
Bundesrath , in addition to legislation, represents a su¬ 
preme administrative and consultative board, and as 
such, has seven standing committees : for army and navy 
matters ; tariff, excise, and taxes ; trade and commerce ; 
railways, posts, and telegraphs ; civil and criminal law ; 
financial accounts ; and foreign affairs. Each committee 
represents at least four states of the empire. The im¬ 
perial dignity, now hereditary, was formerly elective. 

§ 4. Prussia is an hereditary monarchy, dating from 
the year 1701. The present constitution was finally 
adopted in 1873. The fundamental law vests the exec¬ 
utive and part of the legislative power in the king, who 
is assisted by a council of ministers appointed by himself. 
The legislative authority the king shares with a repre¬ 
sentative assembly, consisting of the Ilerrenhaus, or 
house of lords, and the Abgeordnetenhaus , or chamber of 
deputies. The assent of king and both chambers is 
essential to all laws, but all financial estimates and 


Chap. VI.] 


PRINCIPLES OF GOVERNMENT. 


39 


measures originate in the lower house. The upper house 
at present consists of princes of the royal family, the 
chiefs of certain princely houses, and of the territorial 
nobility, numbering 66 ; a number of life peers, chosen 
by the king from representative classes and professions ; 
eight noblemen elected by the land-holders ; the repre¬ 
sentatives of the universities, chapters, and the burgo¬ 
masters of towns with over 50,000 inhabitants; and an 
unlimited number appointed at the king’s pleasure. 

§ 5. The lower house consists of 433 members. Each 
Prussian of legal age can be an indirect elector; i. e ., 
elector of the direct electors. This is therefore a sort of 
“ electoral college ” system. One direct elector is chosen 
for every 250 people. The two houses ai:e convoked 
simultaneously, and have complete control of their own 
administration, organization, and order of business. The 
members of the house of lords are not paid, but the 
deputies receive compensation and travelling expenses. 

§ 6. The executive department is carried on by a min¬ 
istry of state, divided into eight departments, and re¬ 
sponsible only to the sovereign. As will be seen from 
the above digest, the legislative chambers are strongly 
controlled by the king ; the lower or popular house can 
be dissolved by him at any time, and the upper house by 
its organization is little more than the creature of his 
will. 

§ 7. Local administration is conducted by provinces, 
counties, circles, and parishes. Most of the minor func¬ 
tionaries are elective. The national code, though in gen¬ 
eral force, is modified in certain sections by old Polish, 
Swedish, and German laws. All judges are independent 
of the government. Each province is under regular 
military as well as civil rule, as Prussia is essentially a 
military state. 

§ 8. The present constitution of Austria was put in 
force in 1867. The main features of this constitution 
are a double legislature, consisting of the provincial diets, 
representing the various states of the monarchy, and a 
central diet, called the Heichsrath or council of the 
empire. There are seventeen of these provincial diets, 
each consisting of one assembly, but differing in the 
number of members. These assemblies control local 


40 


CITIZEN’S MANUAL. 


[Chap. YL 


administration and legislation. The Beichsrath , or par¬ 
liament of Austria has an upper and lower house spe¬ 
cifically denominated like those of Prussia. The upper 
house is constituted of imperial princes, princes of the 
church, and life members, appointed by the emperor for 
distinction in art, science, and literature, or those who 
may have conferred signal services on church or state. 

§ 9. The lower house is composed of 353 members, 
elected by a direct vote, based on a small property quali¬ 
fication. The emperor nominates the presidents and vice- 
presidents of both houses, but they elect all the other 
functionaries. The two houses must be assembled an¬ 
nually. The rights and subjects of legislation are con¬ 
ferred by royal diploma, and in these only can the Beichs¬ 
rath take the initiative. The imperial executive is as¬ 
sisted by the heads of eight departments, who are 
responsible to the Beichsrath. 

§ 10. The emperor of Austria in 1867 was crowned 
king of Hungary, which was then united with Austria 
under the title of Austria-Hungary. The Hungarian 
constitution confers legislative power conjointly in the 
king and the diet or Beichstag. The latter consists of 
the house of magnates and the house of representatives. 
The upper house at the session of 1876 was composed of 
731 members, consisting of princes of the blood, dig¬ 
nitaries of the Roman Catholic and Greek churches, 
peers and dignitaries of Hungary, and deputies from 
Croatia, Slavonia, and Transylvania. 

§ 11. The lower house consists of representatives 
elected by popular suffrage. No distinction exists on 
account of race or religion. Elections take place tri- 
ennially. The executive of the kingdom is in a presi¬ 
dent and nine departments. The sovereign of Hungary, 
though acknowledged emperor of Austria-Hungary, in 
all public acts is denominated king of Hungary. 

§ 12. Since the year 1867 the Austro-Hungarian mon¬ 
archy forms a bipartite state, the one division officially 
designated as Hungary, the other Austria. Each coun¬ 
try has its own parliament, ministers, and government, 
while the connecting ties between them are in the person 
of the hereditary sovereign, a common army, navy, and 
diplomacy, and a controlling body known as a The Dele- 


Chap. VI.] 


PRINCIPLES OF GOVERNMENT. 


41 


gations.” These form a parliament of 120 members, 
representing the legislatures of the two countries. On 
subjects affecting the common affairs their decision is 
final, and needs no reference to the sources whence their 
power is derived. The jurisdiction of this parliament is 
limited to foreign affairs and war. The ministers of for¬ 
eign affairs, of war, and finance for the whole empire are 
directly responsible to “The Delegations.” 

§13. The working of the Austro-Hungarian constitu¬ 
tion has proved its value as a measure of compromise and 
conciliation. Jealousies and rivalries in both countries 
have ceased, though each is governed by a radically differ¬ 
ent system of local law, and the nationalities are as much 
opposed in tradition and character as in former times. 

§ 14. The kingdom of the Netherlands, comprising the 
two former separate kingdoms of Holland and Belgium, is 
a limited monarchy. The legislative power of Holland is 
vested in two houses, or chambers, called the stales-general. 
The upper house does not consist of hereditary nobles, as in 
Great Britain and some other limited monarchies, but in a 
council of from forty to sixty members, named by the king 
for life. The other house is a representative body elected 
for three years, one-third of their number being elected 
every year. The Belgian chambers are both elective ; the 
senate, or upper house, for eight years, and the representa¬ 
tive chamber for four years. 

§ 15. Sweden is a limited monarchy. The legislature, 
called the diet, consists of four orders or houses : the nobles, 
the clergy, the peasants, and the burghers. The house of 
nobles consists of 1200 members ; the head of each noble 
family being, by inheritance, its lawful representative. The 
house of clergy consists of the archbishop and all the bish¬ 
ops. The house of peasants is composed of the representa¬ 
tives of the numerous little proprietors of land who cultivate 
their own ground. The burghers are chosen by the towns ; 
every freeman who pays taxes having a vote. 

§ 16. The king has ample powers. He appoints all offi* 
cers, civil and military. His assent is necessary to all laws 
proposed by the diet. He is not obliged tu convoke the diet 
oftener than once in five years, or to continue its sittings 
longer than three months ; but he may make the meetings 
more frequent and longer. No tax can be levied, or loan 
obtained, without the consent of the diet. 


42 


CITIZEN’S MANUAL. 


[Chap. VI 


§ 17. Norway is united with Sweden in the same king-, 
dom. The legislature of Norway, called the storthing , has 
greater privileges than the Swedish diet. The length and 
frequency of its meetings are not controlled by the king.—* 
His consent to a proposed law is not necessary after it has 
been three times presented by the storthing. The number 
and influence of the nobles in Norway is not great, and a 
republican spirit prevails among the people. 

§ 18. Greece is a constitutional monarchy. At an early 
period, the different little states of Greece threw off the yoke 
of their tyrants, as they then called them, and erected them¬ 
selves into independent republics. The conquest by Rome 
terminated their political existence. The conquest by the 
Ottomans (Turks) finally extinguished in Greece all that 
remained of her ancient greatness. Since then she has 
made several attempts to regain her independence. In 1820, 
a grand insurrection against the Ottoman government took 
place ; and after a severe struggle, the Turkish sovereign 
was expelled, and the Porte (the Turkish government) was 
obliged to consent to the independence of those portions of 
Greece which were the most Grecian. 

§ 19. Switzerland is an independent state, and its govern¬ 
ment is probably the most democratic in Europe. It is 
divided into twenty-two cantons, each of which has a par¬ 
ticular constitution of its own, though all are united by a 
federal government. This Union is sometimes called the 
Helvetic confederacy , from Helvetia, the former name of the 
country. The Helvetic diet consists of deputies from the 
different cantons, who meet once a year. Extra meetings 
may also be called on the demand of any five cantons. This 
assembly does not interfere with the internal affairs of the 
cantons ; its action is confined to what concerns the foreign 
relations and general defense of the country. 

§ 20. There are numerous other countries in Europe, 
whose governments we shall pass over without notice. 
Those which have been described embrace almost every 
shade of monarchy, from the most absolute to that which 
approximates most nearly to a republic ; and present a suf¬ 
ficiently full view of the political institutions of that portion 
of the world to answer the purpose for which they have 
been described. 

§ 21. The South American states and Mexico, were for* 


-'ap-VIl.J 


PRINCIPLES OF GOVERNMENT. 


43 


merly subject to Spain. At an early period in the present 
century, a general revolution took place in these Spanish 
provinces, by which their independence was established.— 
The form of government adopted by them is, in its general 
features, similar to that of the United States. 


CHAPTER VII. 

THE NATURE AND OBJECTS OF A CONSTITUTION, AND THE 
MANNER IN WHICH IT IS MADE. 

§ 1. From the foregoing view of the different forms of 
government, we conclude that those of the monarchical 
form, and those in which the principles of monarchy and 
aristocracy prevail, are not best adapted to promote the gen¬ 
eral welfare of a nation. Under a wise and virtuous ruler, 
the rights of person and property may be fully enjoyed, and 
the condition of the people may be in u good degree pros¬ 
perous. But the requisite virtue and wisdom have seldom 
been found in any one man, or a few men. The prosperity 
of a people depends as much upon a good form of govern¬ 
ment as upon its being administered by good men ; and 
experience has proved, that the objects of civil government 
may be best secured by a written constitution, founded 
upon the will or consent of the people. 

§ 2. The form of government in the United States is 
expressed in a written constitution. A constitution is a form 
of rules by which the members of a society agree to be 
governed. The persons forming an association, draft a set 
of rules setting forth the objects of the association, declar¬ 
ing what officers it shall have, and prescribing the powers 
and duties of each, and the manner of conducting its opera¬ 
tions. So the rules adopted by the people of a state or na¬ 
tion for their, government, are called the constitution. They 
are in the nature of articles of agreement by which the peo¬ 
ple mutually agree to be governed. 

§ 3. A constitution is a kind of law. It is, however, ma¬ 
terially different from the laws made from year to year by 



44 


CITIZEN’S MANUAL. 


[Chap. VII. 


the representatives of the people assembled in the capacity 
of a legislature : it is drafted by a body of rner chosen by 
the people for that particular purpose, and adopted by the 
people themselves. It describes the nature and form of the 
government, declares what officers are to be elected, and 
prescribes their respective powers and duties. 

§ 4. A constitution is sometimes called the fundamental 
law of a state, being the foundation of all other laws, which 
must agree with this fundamental law. Hence, it is also 
called a frame of government. As the frame fixes the form 
and dimensions of the building, and as the materials required 
to finish the building must be fitted to 4he frame ; so the 
constitution is the frame-work of the government of a state ; 
and every law made by the legislature, and every other act 
performed in the administration of the government, must 
conform to the constitution. 

§ 5. The constitution is also called the 'political law , from 
its being the law of the great political body, or body politic. 
By the term body politic is here meant the people of a state 
incorporated into one body for purposes of government. It 
is also applied to small bodies of men associated for other 
purposes. (See Chapter XIX.) The constitution, being 
ordained by the act of the people in their political capacity, 
is properly the political law , as distinguished from the laws 
made from time to time by the people’s representatives, and 
called the civil or municipal laws. 

§ 6. Hence, the first and highest act of a free people, is 
the choice of a constitution or form of government. No 
people can be said to enjoy perfect freedom, whose political 
and civil rights are not secured by a constitution of their 
own choice. In no country, therefore, do the people enjoy 
greater political privileges than in the United States. In 
most of the governments described in preceding chapters, 
there is either no constitution at all, or none that has been 
adopted by the votes of the people. There are, even in ab¬ 
solute monarchies, some established forms or rules accord¬ 
ing to which the government is to be administered ; but 
these rules are not binding on the sovereign, who can make 
or alter them without the consent of his subjects. 

§ T. Under no government called monarchical, do the 
people enjoy a greater degree of civil liberty than under the 
limited monarchy of Great Britain : and we hear of the Bri- 


Chap. VII.] 


PRINCIPLES OF GOVERNMENT. 


45 


tish constitution ; but it is not a written instrument like 
ours, adopted by the votes of the people. What is there 
called the constitution, consists of the aggregate or sum of 
laws, principles, and customs, which have been formed in 
the course of centuries. There being no established consti¬ 
tution limiting the power of parliament, no law which par¬ 
liament may enact is unconstitutional. And any change in 
the laws of the kingdom, is virtually a change in the consti¬ 
tution, and goes to form a part of it. Not having a consti¬ 
tution to restrain the law-making power, the people are lia¬ 
ble to suffer from the enactment of unjust laws. 

§ 8. The object of a constitution is two-fold. It is in¬ 
tended, first, to guard the rights and liberties of the people 
against infringement by those intrusted with the powers of 
government. It points out the rights and privileges of the 
people, and prescribes^the powers and duties of the princi¬ 
pal officers of the government; so that it may be known 
when they transcend their powers, or neglect their duties : 
and, by limiting their terms of office, it secures to the‘peo¬ 
ple the right of displacing, at stated periods, those who are 
unfaithful to their trust, by electing others in their stead. 

§ 9. But while a constitution is designed to restrict the 
powers of those who administer the government, it is in¬ 
tended also to place some restraints upon the people. The 
framers of our American constitutions, believing that an 
unrestrained democracy affords no greater security to pub¬ 
lic liberty than a monarchy, have provided safeguards 
against the abuse of liberty by the people, as well as against 
the abuse of power by their agents : and the people, in 
adopting their constitutions, have consented to these re¬ 
straints. 

§ 10. These constitutional restraints upon the people, 
however, do not abridge their natural rights and liberties. 
All men in society have equal rights ; and mutually agree 
to be thus restrained, in order to secure to all the free en¬ 
joyment of their lights. Being voluntarily consented to 
by all, these restraints can not be said to infringe the natu¬ 
ral liberty of any. Besides this, all political power being 
inherent in the people, they have the right to alter their 
constitution, increasing or lessening these restraints at 
pleasure. They are however bound by its provisions, while 
they exist, whatever they may be ; nor can they alter it, 
except in such manner as the constitution itself prescribes. 


46 


CITIZEN’S MANUAL 


| Chap. VII. 


§ 11. A state constitution is framed by a convention of 
delegates or representatives, chosen by the freemen of the 
state for that purpose. Delegate and representative are words 
of similar meaning. Members of representative assemblies 
other than legislative bodies, are usually called delegates 
and, when assembled for business, are called a convention. 

$ 12. The number of delegates composing a convention 
to frame a constitution, is usually the same as the number 
of representatives in the most numerous branch of the legis¬ 
lature, commonly called the house of representatives ; and 
the number elected in each county is the same as the num¬ 
ber of representatives from such county in this branch of 
the legislature. In the New England states, representatives 
are apportioned among the towns instead of the counties. 

§ 13. A convention to make or amend a constitution, is 
authorized by a law of the legislature. But the desired 
changes in a constitution, or the necessity of a new one, 
may not, by a majority of the people of the state, be deemed 
sufficient to compensate for the labor and expense of a con¬ 
vention ; the law therefore provides for submitting to the 
people, at an election, the question whether a convention 
shall be called. The law also designates the day for the 
election of delegates in case a majority of the votes at such 
election shall have been given in favor of a convention. 

§ 14. The delegates meet on the day appointed by law, at 
the seat of government of the state, and continue in session 
until they have agreed upon a form of a constitution, which 
is then submitted to the people for their adoption, at an 
election on a day fixed by the law. If, at such election, a 
greater number of votes shall be given in favor of the pro¬ 
posed constitution than against it, it becomes the constitu¬ 
tion of the state. 

§ 15. As constitutions may need amendment when the 
necessary alterations are not of so great importance as to 
render a convention necessary or expedient, it is usual to 
insert in constitutions an article providing some other mode 
of amendment. Different constitutions provide different 
modes. In some states, perhaps the greater number, amend¬ 
ments are proposed by one legislature ; and, if they are 
agreed to by the next legislature, they are submitted to the 
people for adoption. In a few states, the concurrence of 
two successive legislatures is sufficient, without the sanction 



Chap. VIII ) 


PRINCIPLES OF GOVERNMENT 


47 


■'f the people. In others, amendments are made only by 
conventions, called by a majority of the voters voting there 
for at an election. 


CHAPTER VIII. 

A JUST GOVERNMENT FOUNDED UPON THE CONSENT OF THE 
PEOPLE. 

§ 1. It was in ancient times generally believed, that the 
power to govern was derived immediately from God ; and 
that, when a throne became vacant, the right of sovereignty 
returned to the original source, to be again conferred on 
the immediate successor. By what means soever the throne 
was obtained, these were believed to be the occasions on 
which the Supreme Ruler bestowed power on the prince 
A later opinion, and one that still prevails to some extent, 
is, that the right is hereditary ; and that, on the death of a 
sovereign, the right to rule passes to his lawful heir. 

§ 2. States and nations have been compared to families ; 
monarchs being in the place of fathers. As the father has 
a divine right to govern his family, and provide for his 
children, according to his discretion ; so is a monarch, by 
the same right, the ruler and protector of his subjects. And 
as an argument against constitutions, it was held, that 
the people of a state governed by a written constitution, 
would be as unfortunate as a family in which the father, to 
prevent quarrels and discontent, should be obliged to refer 
to a written instrument, in which the duties of every mem¬ 
ber of the household were laid down. 

§ 3. To this it has been replied, that families and states 
are governed by different principles. A family is composed 
of parents and children, bound together by the ties of natu¬ 
ral affection. The ruling principle in the father’s gov¬ 
ernment is love and kindness. His affectionate regard for 
his children prompts him to render them the protection and 
support which their dependent condition claims at his 
hands, and to treat them with forbearance. A state is com¬ 
posed of men less closely connected and less dependent, 



CITIZEN’S MANUAL. 


48 


[Cheap. VII. 


and who are governed by stern justice and strict adher¬ 
ence to law. 

§ 4. An attempt to govern a family by a code of laws 
prescribing, with precision, all the rights and duties of its 
members, and fixing a specific penalty for every transgres¬ 
sion, would be unsuccessful. If every member of the 
household should invariably insist on his own rights, and 
the exact performance of every act of duty should be strict¬ 
ly enforced by the father, would such family be well gov¬ 
erned ? In family government, much must be left to the 
discretion of the parent. But how unfortunate have been 
those nations which have left everything to the kindness 
and paternal care of their rulers, and have not insisted on 
their own rights ! 

§ 5. But the principles of civil government have come to 
be better understood. The doctrine that one man has a 
divine right to rule a whole nation, or, that one is born to 
command, and all others are bound to obey, is believed only 
where the people are too ignorant to appreciate the bless¬ 
ings of freedom. As light and knowledge have advanced 
among the nations, the great truth has been gaining 
ground, that all men have a natural and equal right to a 
voice in the government ; and that the will of the people is 
the true foundation of all just government, and the good of 
the people its true object. 

§ 6. The fundamental principles of government are cor¬ 
rectly stated in the Declaration of Independence. It is 
therein declared that “ all men are created equal.” The 
equality here meant is equality of political rights ; all 
being entitled to an equal measure of political power, as 
well as to an equal share in the benefits of the government. 
Whence, then, does any man, or any number of men, get 
the right to rule over their fellow men ? The same declar¬ 
ation gives the true answer : “ All governments derive 
their just powers from the consent of the governed .” All right¬ 
ful authority to govern is in the people, and is either exer¬ 
cised directly by the people, or is delegated by them to 
others chosen for that purpose. 

§ 1. Hence we conclude, that a democracy is the most 
natural form of government. All men’s being created equal 
in respect to political rights, implies that they are by nature 
fitted for the exercise of political power, and, consequently, 


Jhap. VIII] 


PRINCIPLES OF GOVERNMENT. 


49 


that a democratic form of government is best adapted to the 
nature of mankind, and is designed by the Creator for the 
regulation of civil society. 

§ 8. The most natural and simple idea of a free govern¬ 
ment, is that of the people’s meeting in their own persons 
fur consulting, debating, and enacting laws for the regula¬ 
tion of their conduct, and the protection of their rights. 
But all the people cannot unite in making laws. Hence the 
necessity of government by representation. Also, the in¬ 
habitants of a town or small district are best acquainted 
with their own wants and interests, and can better judge 
of the qualifications of candidates for office residing in their 
immediate neighborhood, wherefore ; a state is divided into 
districts of suitable size for the election of representatives. 

$ 9. But in order to insure a faithful representation, the 
people must be independent of their representatives, and 
have the power to control them. Here, again, we see the 
necessity of a constitution. By their constitution, the people 
delegate to their representatives the necessary powers of 
government; and by the same instrument, they reserve to 
themselves the right to restrain their representatives and 
other officers as they may deem necessary. 

§ 10. If it is the true object of government to promote 
the good of the whole and not of a few, then the govern¬ 
ment ought to be one in the formation of which all the peo¬ 
ple aie consulted. But all will not agree in opinion and 
judgment; and the consent of all the citizens to any form of 
government might never be obtained. Hence the necessity 
of the rule which prevails in all popular governments and 
deliberative assemblies : the will of the majority must govern. 
Without such rule, no free government could be either 
established or sustained. 


50 


CITIZEN’S MANUAL. 


[Chap. IX 


CHAPTER IX. 

THE DIVISION AND DISTRIBUTION OF THE POWERS OF GOV¬ 
ERNMENT. 

$ 1. Haying explained the nature of a constitution, and 
shown how it is made and adopted, it will be next in order 
to show how the powers of government under a constitution 
are divided. The excellence of a form of government con¬ 
sists essentially in a proper separation and distribution of 
power. 

§ 2. One of the chief excellencies of the American con¬ 
stitutions, is the separation of the political and civil powers. 
The words political and civil are generally used as having 
the same meaning. Thus, in speaking of the system of 
government and laws of a country, we use the general term, 
“political institutions,” or “ civil institutions f either being 
deemed correct. But the words civil and political have also 
a particular signification. The same distinction is observed 
here as was made in a preceding chapter between the con¬ 
stitution, or political law, and the municipal or civil laws ; 
the political power being that which is exercised by the peo¬ 
ple in their political capacity in adopting their constitution, 
and electing the officers of government; the civil power 
that which is exercised by the officers thus elected in ad¬ 
ministering the government. 

§ 3. In an absolute government, no such distinction exists ; 
all power being centered in the supreme ruler. There is no 
political law binding on him. The rules by which the powers 
of his government are exercised, consist of certain customs 
and usages for which his subjects have even a higher regard 
than for his own authority. Yet being himself subject to 
no positive laws or regulations that have been adopted by 
the people, or that may be altered by them, the people enjoy 
no political rights. 

^4. In a mixed government, or limited monarchy, politi¬ 
cal power is exercised to some extent. Although there is, 
m most governments of this kind, no written constitution 
adopted by the people, as in a republic, the members of one 
branch of the law-making power are elected by the people; 


Chap. IX.] PRINCIPLES OF GOVERNMENT. 5 1 

and in sncb election they are said to exercise political 
power. k. 

$ 5. The civil power in well constructed governments, is 
divided into three departments, the legislative, the execu¬ 
tive, and the judicial. The legislative department is that by 
which the laws of the state are made. The legislature is 
composed of two bodies, the members of which are elected 
oy the people. In limited monarchies, or mixed govern¬ 
ments, only one branch of the legislature is elective ; the 
other being an aristocratic body, composed of men of wealth 
and dignity, as the British house of lords. 

§ 6. The executive department is that which is intrusted 
with the power of executing, or carrying into effect, the 
laws of the state. In each of the several states of this 
union, the executive department consists of a governor, 
assisted by a number of other officers, some of whom are 
elected by the people, and others are appointed in some 
manner prescribed by the constitution and laws. It is the 
duty of the governor to see that the laws are duly executed. 
He oversees the general business of the state, and recom¬ 
mends to the legislature such matters as he thinks ought to 
receive their attention. 

§ t. The judicial department is that by which justice 
between citizens is administered, and embraces the several 
courts of the state. All judges and justices of the peace 
are judicial officers. It is their business to judge of and 
apply the laws in cases brought before them for trial. There 
are several courts in a state ; some of lower, others of 
a higher order. The manner in which these courts are con¬ 
stituted, is not precisely the same in all the states ; but 
their general powers, and the manner of conducting trials, 
are the same. 

§ 8. Experience has shown the propriety of the division 
of the civil power of a state into these three departments, 
and of keeping them separate and distinct, and of confining 
the officers of each to the powers and duties belonging to 
their respective departments. Those who make the laws 
ought not to exercise the power of executing or enforcing 
them ; nor should they who either make or execute the laws, 
sit in judgment over those who are brought before them for 
justice. A government in which the different powers of 
making, executing, and applying the laws should be united 


52 


CITIZEN’S MANUAL. 


[Chap. IX 


in the same hands, whether consisting of one man or a single 
body of men, however numerous, would be little better than 
an absolute despotism. It was one of the main defects of 
some of the ancient republics, that the powers of govern¬ 
ment were not properly divided and balanced. 

§ 9. Again, the law-making department of the civil power 
is divided into several branches. The plan of dividing the 
legislative power, which existed in some of the ancient re¬ 
publics and in Great Britain, and also in the American 
colonies while subject to that country, has been adopted 
and continued in the constitutions of all the states in this 
union, with some modifications in some of them. 

§ 10. The best governments among the ancient republics, 
and those which existed longest, and were most firm and 
stable, were upon this plan. The law-making power was 
vested in a chief magistrate, lords, and a representative as¬ 
sembly. These several branches, holding a check upon 
each other, are more likely to enact good and wholesome 
laws, than if the whole power were in the hands of one 
man, or a single representative assembly. A government 
of this kind was constituted at Sparta by Lycurgus, which 
lasted above eight hundred years ; whereas the govern¬ 
ment established by Solon at Athens, which was a simple 
democracy, was of short duration, about one hundred 
years. Not only was the government of the Spartans 
more durable, but the citizens were better governed. 

§11. Under the Roman constitution was formed the 
noblest people and the most powerful nation that had ever 
existed. The supreme power was vested in two consuls, 
(chief magistrates,) a senate, and the people. But if all 
the powers of these several branches had been united in a 
single assembly, whether consisting of the whole body of 
freemen, or of their representatives, it is not probable that 
the people would have been long free, or the nation ever 
great. The distribution of power, however, was never ac¬ 
curately and judiciously made in that constitution. The 
executive was never sufficiently separated from the legis¬ 
lative ; nor was the control which these powers were to 
have upon each other defined with sufficient accuracy. 

§ 12. The framers of our American constitutions, who 
had before them the various systems of government an- 
iient and modern, and were well acquainted with their 


[Chap. X. 


PRINCIPLES OF GOVERNMENT. 


53 


nature and operation, have happily preserved what was 
good in those systems, and avoided their defects. And in 
nothing is the superiority of our plan of government more 
manifest, than in the wise division and distribution of its 
powers. 

§ 13. There is another division of power. A single set 
of officers in each of the several departments, legislative, 
executive, and judicial, residing at the seat of government, 
can not regulate all the minute affairs of every neighbor¬ 
hood throughout the state. Business in which the people 
of a small community alone are interested can be better 
done by some local authority. For this purpose, a state is 
divided into counties and towns, in each of which there are 
officers elected to exercise certain powers of government. 
(See Towns and Counties.) 

§ 14. There is another reason for the division of a state 
into small territories. The people, in the exercise of their 
political power, must act collectively, which oan be done only 
in small districts, as towns. In all elections for choosing 
state, county, and town officers, and for voting upon the 
question of adopting a constitution, the people act in town 
meetings. 


CHAPTER X. 

CAUSES OF THE REVOLUTION, AND OF THE ESTABLISHMENT 
OF OUR PRESENT FORM OF GOVERNMENT. 

§ 1 . The people of the United States, as is probably 
known by the youngest reader of this work, have not 
always lived under their present excellent form of govern¬ 
ment. For more than one hundred and fifty years after the 
first settlement of this country, they were subject to the 
government of Great Britain. In 1776, the American col¬ 
onies, now states, separated themselves from the parent 
country, and claimed the right to establish a government 
for themselves. 

§ 2. This country was first settled by the English, who 



54 


CITIZEN \ MANUAL 


[Chap X 


claimed it by right .4 discovery, they having discovered it 
in 149T, about hve years after Columbus had discovered 
the West India islands. The first permanent settlement, 
however, was not made until the year 1607, when a colony 
of 105 persons settled at Jamestown, in Virginia. A few 
years afterward, (1620,) a colony was planted in Plymouth, 
in Massachusetts. After this the number of colonies rap id¬ 
ly increased to twelve, the last of which, Pennsylvania, 
was settled in 1681. About fifty years thereafter, (1732,) 
Georgia was settled, the last of the thirteen colonies which 
declared themselves free and independent states. 

§ 3. The governments of the colonies, during their con¬ 
nection with Great Britain, were not such as the colonists 
chose for themselves, but such as the king was pleased to 
prescribe for them in their charters. The word charter is 
from the Latin charta , which means paper. The instru¬ 
ments of writing by which the king granted privileges to 
individuals or corporations, were written on paper or parch¬ 
ment, and called charters. The colonial charters granted 
to individuals and companies the right to trade and. settle 
in this country, and prescribed the limits of the territory 
granted to each. And either the same or a separate char¬ 
ter contained rules for the government of the colony. 

§ 4. The governments of the several colonies, though 
not alike in every particular, were on the same general 
plan. The powers of government were vested in a gov¬ 
ernor, a council, and an assembly of representatives chosen 
by the people. These three branches corresponded to the 
king, the nobles, and the commons in Great Britain. Power 
was therefore divided in those governments in nearly the 
same manner as it is in the states at present ; there being 
in every state a governor, a senate, and a representative 
assembly. 

§ 5. There is, however, an important difference between 
those governments and the present. The people of the 
colonies were not allowed to choose a constitution or form 
of government; nor had they the privilege of choosing the 
officers of the different departments of the government. The 
governors were appointed either by the king, or by such 
persons as had authority from the king to appoint them ; 
and they were generally under the control of the king, by 
whom they might be kept in office or dismissed at plea¬ 
sure. 


f'Chap. X. 


PRINCIPLES OF GOVERNMENT. 


55 


§ 6. The council was composed of a small number of 
men, also appointed by the king, and subject to his plea¬ 
sure. This body constituted one branch of the legislature. 
The judges and magistrates, and other officers, were ap¬ 
pointed by the governors or by the king, or other persons 
who appointed the governors. 

§ 1. Hence it appears that only one branch of the law¬ 
making power was chosen by the people, while the other 
two, the governor and council, were appointed by the king, 
or were subject to him. And as every measure proposed 
by the representatives required the concurrence of the 
governor and council, just and necessary laws were often 
denied the people. Besides, a measure thus concurred in, 
must be sent to England for the approval of the king before 
it could become a law. 

§ 8. In a few of the colonies, however, the people enjoy¬ 
ed greater political privileges. In Massachusetts, Rhode 
Island and Connecticut, for many years before the revolu¬ 
tion, they elected their governors and both houses of the 
legislature. Yet even in these colonies, no laws might be 
enacted that were contrary to the laws of England. And 
the privileges which the people enjoyed were granted by 
the king, and might be taken away from them at his plea¬ 
sure. 

§ 9. Not only were the colonists denied the benefits of 
liberal and just legislation at home ; many of the laws 
enacted by parliament and approved by the king, were 
highly oppressive. These laws were designed to secure tc 
Great Britain exclusively the benefit of the trade of the col¬ 
onies. A law was enacted declaring that no goods should 
be imported into the colonies but in English vessels. If 
brought in other vessels, both the goods and the vessels 
were to be forfeited to the British government. Another 
law required such articles produced here as England wanted, 
to be transported to that country, and to other countries 
belonging to Great Britain. The colonists were permitted 
to ship to foreign markets such products only as English 
merchants did not want. They were prohibited from selling 
abroad any wool, yarn, or woolen manufactured goods. 
Another law declared that no iron wares of any kind should 
be manufactured in the plantations. 

§ 10 Thus was it attempted to suppress manufactures in 


5G 


CITIZEN’S MANUAL. 


[Chap. X 


the colonies In short, it was the policy of the British gov' 
eminent to compel the colonists to buy of England all the 
goods they wanted which they did not themselves produce, 
and to sell to England the surplus productions of the colo« 
nies. For this purpose, heavy duties were laid upon goods 
imported into the colonies from other countries than Great 
Britain and her possessions. These duties were taxes 
levied upon goods brought into the colonies from abroad, 
and were collected by officers here from persons importing 
the goods. 

§ 11. The nature and effects of these duties will more 
plainly appear to the young reader from the following facts : 
—The colonists traded with the West India islands. Some 
of these islands belonged to France, some to Spain, others to 
Great Britain. Now to prevent the colonists from buying 
goods at the French and Spanish Islands, parliament enacted 
a law compelling them to pay high duties on the molasses, 
sugar, and other articles from these islands. 

§ 12. Great Britain did not stop here. Not satisfied with 
these acts by which English traders had been enabled to 
enrich themselves, parliament claimed the right to tax the 
colonies “ in all cases whatsoever j” and an act was passed 
accordingly, laying duties upon all tea, glass, paper, and 
painters’ colors, imported into the colonies ; and the money 
thus collected was put into the British treasury. The col¬ 
onists remonstrated against these unjust laws. Petitions 
were sent to the king, and memorials to both houses of 
parliament, praying that these laws might be repealed, but 
in vain. At length, the colonists resolving no longer to 
submit to such laws, and the British government attempting 
to enforce them, a war between the two countries was the 
consequence. 

§ 13. The war commenced in 11^5. On the 4th of July, 
1TT6, the congress declared the colonies to be free and in¬ 
dependent states. Congress was a kind of legislative body, 
composed of a few delegates or representatives from each 
of the several colonies. A description of this congress will 
be given in another part of this work ; also the declaration 
of independence, with the names of the men who signed it. 
After a severe struggle of about seven years, the war was 
ended, and Great Britain acknowledged the independence 
of the states. This change in our relations with that 


Chap. XI.J 


STATE GOVERNMENTS. 


57 

country, mid the establishment of independent governments 
in the states, is called the American Revolution. 

§ 14. Since the states declared themselves independent, 
one after another has changed its government, until all of 
the original thirteen have adopted new constitutions. 
During this period twenty-eight new states have been 
admitted into the Union, making the present number 
forty-one. There are nine organized territories, sev¬ 
eral of which will probably soon be admitted to the 
family of states. 


STATE GOVERNMENTS. 


CHAPTEB XI. 

BY WHOM POLITICAL POWER IS EXERCISED IN THE STATES OP 
THIS UNION. 

§ 1. The first act of political power is, as we have seen, 
the establishment of a constitution, or form of government. 
The next is the election of officers to administer the govern¬ 
ment. But prior to the exercise of this power, it must be 
determined to whom it shall be intrusted. 

§ 2. In speaking of the people as acting politically, we do 
not mean all persons ; but such only as are entitled by the 
constitution to vote at elections. It is the common opinion, 
that the duties which both nature and the custom of civilized 
countries have assigned to females, are such as to render it 
improper for them to take an active part in public affairs. 
Nor ought males to be permitted to do so, until they shall ^ 
have had time to acquire the requisite knowledge and judg* 
ment to exercise power discreetly. And that they may act 
independently, they ought to have attained the age and 
condition of freeinen. None, therefore, but free male citi¬ 
zens of the age of twenty-one years, are allowed to vote at 
elections. 




58 


CITIZEN’S MANUAL 


[Chap XI 


§ 3. That a man may rote understanding^, he ought 
also to have resided long enough in the state to become 
acquainted with its government and laws, and with its 
citizens, from whom he is to select those for whom he is to 
vote. All our state constitutions require, as one of the 
qualifications of every elector, that he shall have resided in 
the state for a specified period of time ; which period is not 
the same in all the states, varying in the different states 
from three months to two years. In most of the states, he 
must also have resided for some months in the county, 
and be a resident of the town in which he offers to vote. 

§ 4. Under the early constitutions of the old states, the 
right of voting, otherwise called the right of suffrage, and 
the elective franchise, was restricted to those who owned prop¬ 
erty, or paid rent or taxes to a certain amount. In the 
election of the higher state officers, freeholders only were 
entitled to vote. A freeholder is an owner of real estate, that 
is, property in lands, which he may hold in his own right 
and transmit to his heirs. In the constitutions of the newer 
states, the possession of property has not been made a 
qualification of an elector ; and in the amended constitu¬ 
tions of the old states this restriction upon the elective 
franchise has been removed, until it has nearly ceased to 
exist in the United States. The right of voting is now en¬ 
joyed by all independent male citizens, with few excep¬ 
tions, in almost every state of the Union. 

§ 5. All male citizens, as the term is here used, does not 
mean every man twenty-one years of age. Foreigners, or 
aliens, are not in law called citizens, nor entitled to the 
political privileges enjoyed by persons born in this country 
Their knowledge of our government is deemed to be too 
limited to qualify them immediately for the proper exercise 
of political power ; nor is it presumed that they will feel a 
sufficient interest in our government until they shall have 
become permanently settled in this country. A way is pro¬ 
vided by which, after a residence here for a term of years, 
they may be admitted to all the privileges of native citizens. 
Their becoming thus invested with the rights of natural 
born citizens, is called being naturalized. (See Naturaliza¬ 
tion.) 

§ 6. Also persons convicted of certain infamous crimes 
are denied the privilege of voting thereafter at elections, 


Chap.XI.] 


STATE GOVERNMENTS. 


59 


unless they have been pardoned before the expiration of the 
term for which they were sentenced to be imprisoned, or 
unless the disqualification be removed in some other way 
prescribed by law. Paupers, idiots, and insane persons, are 
in some state constitutions expressly disqualified. 

§ 7. It will be seen by reference to the former state 
constitutions, that “ white male citizens ” only were men¬ 
tioned as entitled to the right of suffrage, in most of the 
states. In the New England States, except Connecticut, 
there was no exclusion of colored citizens from the right 
of voting. And in New York, male citizens of colqr 
owning a freehold estate of the value of $250, were 
qualified electors. The justice or propriety of excluding 
persons of color from a participation in the government 
had always been questioned, and had been the subject of 
much discussion in the several state conventions by which 
the constitutions were being framed, as well as by the 
people at large. As an outgrowth of the late war, the 
colored people north and south were enfranchised. 


CHAPTER XII 
ELECTIONS. 

§ 1. Elections are annually held in each state for electing 
officers to servo in the several administrations of state, 
counties, and towns. Town meetings for the election of 
town officers are usually held in or near the months of 
March and April. Most officers elected by the people, other 
than town officers, are chosen at the general state election, 
which, in most of the states, is held in the month of October 
or November. 

§ 2. Elections are conducted by persons designated by 
law, or chosen by the electors of the towns for that purpose. 
It is their duty to see that order is preserved, and that the 
business at elections is properly done. They are usually 
called judges of elections, or inspectors of elections. Per¬ 
sons also, (usually two,) are appointed to serve as clerks 
Each clerk keeps a list of the names of the electors voting 



GO 


CITIZEN’S MANUAL 


(Chap. XII. 


at the election, which is called a poll-list. Poll is a Saxon 
word, signifying head , and has come to mean person. Hence, 
so much “ a head ” means so much for every person. By a 
still further change, it is made to signify an election, be¬ 
cause the persons there voting are numbered. Thus, “ going 
to the polls’’ has obtained the same meaning as going to an 
election, or to the place of voting. 

§ 3. When the hour appointed has arrived, and the offi¬ 
cers of election are ready to receive votes, the polls are said 
to be open ; and one of the officers makes it known by a 
proclamation, or public announcement. Each elector hands 
to one of the inspectors a ballot, which is a piece of paper, 
on which are written or printed the names of the persons 
he votes for, and the title of the office to which each is to 
be elected. Ballot , from the French, means a littk ha'll , and 
is used in voting. Ballots are of different colors ; those of 
one color signifying an affirmative vote ; those of another 
color, a negative vote. Hence, the application of the word 
to the written or printed ticket now generally used in voting. 

§ 4. If no objection is made to an elector’s voting, and 
the inspectors are satisfied that he is a lawful voter, the 
ballot is put into the box ; and the clerks enter his name on 
the poll-list. If the inspectors have reason to suspect that 
a person offering to vote is not a qualified elector, they may, 
before receiving his ballot, question him upon his oath in 
respect to his qualifications as to age, the term of his resi¬ 
dence in the state and county, and his citizenship. Any 
bystander also may question his right to vote. This is 
called challenging. A person whose vote is thus challenged, 
is not allowed to vote until the challenge is withdrawn, or 
his qualifications are either proved by the statement of other 
persons, or sworn to by himself. 

§ 5. In the New England States, a list is kept of all per 
sons in each town who, upon examination, have been ascer¬ 
tained to be duly qualified voters ; and those only whose 
names are thus registered are allowed to vote. Thus is 
avoided much of the confusion and delay often caused in 
other states, by the examination of voters at the time of 
voting ; and much illegal voting is prevented. Voters in 
those states are also required to take what is called the 
“ elector’s oath,” in which they promise to be true and 
faithful to the state and its government, and also to the 


Obap. XII.j 


STATE GOVERNMENTS 


61 


constitution of the United States ; and to give their votes 
as they shall judge will conduce to the best good of the 
same. 

§ 6. After the polls have been closed, the box is opened, 
and the ballots are counted. If the number of ballots agrees 
with the number of names on the poll-lists, it is presumed 
no mistake has been made, either in voting or in keeping 
the lists. The number of votes for each candidate being 
ascertained, a statement is made of the names of all the 
persons voted for, and of the number of votes given for 
each, and signed by the officers of election. This state¬ 
ment, or a copy of it, is deposited with the town clerk, 
either to be kept on file or recorded. If the election is one 
for the choice of town officers, it is there determined who 
are elected, and their election is publicly declared. 

§ 7. The election of county and state officers can not, of 
course, be determined by the canvassers in the towns. The 
statement of votes given for the several candidates in each 
town, is sent to the board of county canvassers,- who deter¬ 
mine and declare the election of officers chosen for the 
county. To determine the election of state officers, and 
such others as are elected for districts comprising more 
counties than one, a statement of the votes for the candi¬ 
dates for these officers is sent by the several boards of 
county canvassers to the state canvassers at the seat of 
government, who, from the returns from the sevCrall coun¬ 
ties, determine and declare the election of these officers. 

§ 8. In some of the states, voting at popular elections is 
done openly, or viva voce. Viva voce means, literally, living 
voice. In voting in this manner, the elector pronounces 
the name of the person for whom he votes. 

§ 9. In most of the states, the election of officers is effect¬ 
ed by a plurality of votes. An election by plurality is when 
the person elected has received a higher number of votes 
than any other, though such number should be less than a 
majority of all the votes given. If, for example, out of 
1,000 votes divided among three candidates, one should 
receive 450, another 300, and the third the remaining 250 
votes ; the first, having received the highest number, though 
not a majority, would be elected. In the New England 
states, a majority, that is, mose than half, of all the votes 
given, is necessary to an election Hence, the least mini- 


CITIZEN’S MANUAL. 


[Chap. XIII. 


02 

ber of votes out of 1000 by which a person can be chosen, 
is 501. There are some exceptions to the majority princi¬ 
ple in these states ; certain officers being elected by plu¬ 
rality. 

§ 10. Both these modes are liable to objection. Where 
a simple plurality effects a choice, 1,000 votes may be so 
divided upon three candidates, as to elect one of them by 
334 votes ; or, of four candidates, one may be elected by 
251 votes. Thus a person may be elected who is the first 
choice of but a small portion of the people of his district. 
Artful politicians, taking advantage of this mode of elec¬ 
tion, have sometimes secured the election of a favorite can¬ 
didate by a small plurality of votes. An objection to the 
other mode is, that if no person receives a majority of all 
the votes, a new election must be held ; and sometimes 
several unsuccessful trials are made before a choice is ef¬ 
fected ; thus subjecting the electors to much inconvenience, 
and leaving offices for the time vacant. Cases have occur¬ 
red in which the people of a district have been for a long 
time without a representative in the state or national legis¬ 
lature. 


CHAPTER XIII. 

STATE LEGISLATURES ; HOW CONSTITUTED. 

§ 1. The legislature of every state in the union, is com¬ 
posed of two houses, a senate and a house of representa¬ 
tives. The latter, or lower house, in the states of New 
York, Wisconsin, and California, is called the assembly ; 
in Maryland and Virginia, the house of delegates ; in North 
Carolina, the house of commons ; and in New Jersey, the 
general assembly. In most of the states, the two houses 
are called the general assembly. 

§ 2. The senate, as well as the other house, is a repre¬ 
sentative body ; its members being elected by the peo¬ 
ple to represent them. Perhaps the reason why the lower 
house is usually designated “ the house of representatives,” 
is, that under the colonial governments, this was the only 



Chap. XIII. | 


STATE GOVERNMENTS. 


63 


representative branch of the legislature ; our present senate 
being in the place of the old council, the members of which 
were appointed by the king. Or, as the members of the 
lower house are, in most of the states, chosen for shorter 
terms than senators, are more numerous, and consequently 
represent smaller districts, they may be considered as more 
fully and more immediately representing the people. 

§ 3. Senators are chosen annually in the six New Eng¬ 
land states, and these only. In the other states they are 
elected for terms of two, three, or four years. In most of 
the states in which senators are elected for longer terms 
than one year, the senators are not all elected at the same 
time ; but are divided into classes ; those of one class going 
out of office one year, and another class another year ; so 
that only a part of the senators are elected every year, or 
every two, three, or four years. 

§ 4. The senate is sometimes called, by way of distinc¬ 
tion, the upper house ; being a more select body, composed 
of men generally chosen with reference to their superior 
ability, or to their greater experience in public affairs. 

§ 5. Senators are differently apportioned in different 
states. In some states they are apportioned among the 
several counties, according to their population. In others 
they are elected by districts ; the state being divided into 
as many districts as there are senators, and a senator being 
chosen in each district, as at present in New York. In a 
few of the states, the senatorial districts being unequal in 
size and population, more senators are apportioned to some 
districts than to others. 

§ 6. Representatives are, in most of the states, elected 
annually, and are apportioned among the several counties 
or districts, or (in the New England states) the towns, ac¬ 
cording to the number of inhabitants in each. In nearly 
one half of the states, (including most of the southern and 
western states,) representatives are elected, and sessions 
of the legislature held every second year. The rules of 
apportioning senators and representatives, are not the same 
in all the states. (See Synopsis of State Constitutions in 
the Appendix.) 

§ 7. From the more rapid increase of population in some 
counties or districts than in others, their proportional rcpre- 


G4 


CITIZEN’S MANUAL 


[Chap. XIV 


sentation becomes unequal. It is therefore provided by 
the constitution, that at the end of certain periods, the in¬ 
habitants of the state shall be numbered, and a new appor¬ 
tionment of senators and representatives made, according 
to such enumeration, so that each county and district may 
have its just proportion of senators and representatives. 
The periods of time between the enumerations are not the 
same in all the states, varying from four to ten years. An 
enumeration of the people is usually called census , which 
among the Romans, meant the valuation of a man’s estate, 
and the registering of himself and his family. 

§ 8. To be eligible to the office of senator or representa¬ 
tive, the constitution requires that a person shall have 
resided in the state for a certain term of years. In most of 
the states senators, and in some of them representatives, 
must be of greater age than twenty-one years ; and in some 
they are also required to be freeholders. 

§ 9. If a senator dies, or resigns his office, before the 
term expires for which he has been elected, the vacancy is 
filled by the election of another person at the next election 
of senators, or in such other manner as the constitution may 
provide. But the person chosen to fill a vacancy, holds the 
office only for the remainder of the term of him in whose 
stead he was chosen. 


CHAPTER XIV. 

ORGANIZATION OF LEGISLATIVE BODIES ; PRIVILEGES OF 
MEMBERS, &C. 

§ 1. The legislature composed of the senate and house of 
representatives, meets as often as the constitution requires, 
to consider the condition of the state, and to enact such 
laws as may be necessary to promote the public welfare. 
Meetings of the legislature are held at a place permanently 
fixed by the constitution, or by act of the legislature ; al 
which place the principal state officers keep their offices 
Hence it is called the seat of government, or more fre 



Chap. XIV 


STATE GOVERNMENTS 


05 


quently the capital of the state. The building erected for 
the accommodation of the legislature and other state officers, 
is called the capitol. 

§ 2. The two houses having assembled, each^i its own 
chamber, every representative and every new senator is re¬ 
quired, before proceeding to business, t6 take the oath of 
office, in which he solemnly swears that he will support the 
constitution of the United States, and the constitution of his 
own state ; and that he will discharge the duties of his office 
according to the best of his ability. All persons elected to 
the more important and responsible public offices,, are re¬ 
quired to take such oath. An oath is a solemn declaration, 
in which the person appeals to God to bear witness to the 
truth of what he declares. Oaths are required because it 
is presumed that persons under the obligation of an oath, 
will be more likely to act conscientiously. Many, however, 
even under these solemn obligations, discharge their duties 
very unfaithfully. The faithful discharge of public duties 
is best secured by the election of good men. 

§ 3. The constitution declares what number of members 
shall constitute a quorum. Quorum means such number 
of any body of men as have power to act. It seldoms hap¬ 
pens that all the members of a numerous body can be pre¬ 
sent at the same time ; constitutions therefore declare what 
number of members of each house shall constitute a quorum 
to do business. In most of the states, a majority of all the 
members constitutes a quorum ; in others, two-thirds. A 
smaller number than a quorum, however, have power to 
adjourn from time to time, and to compel the attendance of 
absent members. 

§ 4. All legislative bodies have certain rules of order for 
doing business. The constitution allows each house to de¬ 
termine the rules of its own proceedings ; and for the in¬ 
formation of the public, each house is required to keep a 
journal of its proceedings, and to publish the same, except 
such parts as ought to be kept secret. And that persons 
so desiring may witness its proceedings, the door of each 
house must be kept open, except when the public Welfare 
requires secrecy. 

§ 5. To prevent any hinderance to the public business, 
and to secure to the people the services of their representa¬ 
tives, most of the state constitutions provide, that members 


C6 


CITIZEN’S MANUAL 


[Chap. XH 


of the legislature shall not, except for certain crimes and 
misdemeanors, be arrested on civil process, or be in any 
manner subjected to prosecutions at law, either during the 
session of the legislature, or in going to or returning from 
the same. In some states, this privilege is enjoyed also for 
several days before going and after returning. 

§ 6. Each house has power to expel any of its members, 
and punish its members and officers for disorderly behavior, 
by imprisonment. And each house may also punish other 
persons as well as its members, for contempt or insult offered 
to the house ; for disorderly conduct tending to interrupt its 
proceedings ; for publishing false and malicious reports of 
the proceedings, or of the conduct of the members ; and for 
sundry other offenses. 

§ 7. After the members have been sworn into office, they 
proceed to the appointment of officers of their respective 
houses. Each house elects one of its members as chair¬ 
man, who is usually called speaker. The lieutenant-governor, 
in states where there is one, presides in the senate, and is 
called president of the senate. In the absence of a presiding 
officer, a temporary speaker or president is elected, who is 
called speaker or president pro tempore; commonly abbre¬ 
viated, pro tem., which is a Latin phrase, meaning for the time. 

§ 8. It is the duty of the person presiding to keep order, 
and to see that the business of the house is conducted ac¬ 
cording to its rules. And when a vote is to be taken he 
puts the question, which is done by requesting all who are 
in favor of the proposed measure to say “ aye,” and those 
opposed to say “ no f and when a vote has been taken, he 
declares the question to be carried or lost, as the case may 
be. This part of a speaker’s business is similar to that of the 
chairman of an ordinary public meeting. 

§ 9. Each house also chooses a clerk to keep a record or 
journal of its proceedings ; to take charge of papers, and to 
read such as are to be read to the house ; and to do such 
other things as are required of him ; a sergeant-at-arms , whose 
duty it is to arrest members or other persons guilty of dis¬ 
orderly conduct, to compel the attendance of absent mem¬ 
bers, and to do other business of a like nature ; also erne or 
more door-keepers. The officers mentioned in this section are 
not selected from the members of the house, but from the 
citizens at large. 


Chap. XV ) 


STATE GOVERNMENTS 


G7 


CHAPTER XY. 

MANNER OF ENACTING LAWS. 

§ 1. When the two houses, having been duly organized, 
are ready for business, the governor sends to both houses a 
message, which is read to each house by its clerk. The gov¬ 
ernor exhibits in his message the condition of the affairs of 
the state, and recommends such measures as he judges 
necessary and expedient. 

§ 2. Soon after the legislature has commenced its busi¬ 
ness, the committees of each house are appointed. A legis¬ 
lative committee generally consists of either three, five, 
or seven members, who consider and act upon matters 
intrusted or committed to them. The committees are usu¬ 
ally appointed by the presiding officer of the house, and 
are numerous. Some or all of the following committees 
are appointed in the legislature of every state ; a commit¬ 
tee on finance, or the funds and other money matters of 
the state ; a committee on agriculture ; a committee on 
manufactures ; also committees on the incorporation of 
cities and villages ; on banks and insurance companies ; 
on rail-roads ; on canals ; on education ; and on sundry 
other subjects. 

§ 3. The object of appointing these committees is to ex¬ 
pedite the business of the house. So great a number and 
variety of subjects are presented for the action of the legis¬ 
lature, that they could not all be disposed of during the 
session, if the whole house were occupied in the investiga¬ 
tion of every subject. But as all the information necessary 
to enable the house to act understandingly, may as well be 
obtained by a committee composed of a few men as by the 
whole house, inquiries into many of these subjects may be 
going on at the same time. 

§ 4. Applications for the establishment of banks are re¬ 
ferred to the committee on banks, to inquire into their 
necessity ; subjects relating to schools, are referred to the 
committee on education ; those relating to rail-roads, to the 
committee on rail-roads, &c. Thus is every subject referred 
to its appropriate committee. If at any time a matter arises 


68 


CITIZEN’S MANUAL 


[Chap XV 


having 1 no relation to those subjects upon which standing 
committees are appointed, it is usually referred to a select 
committee, appointed for the special purpose of considering 
such subject. 

§ 5. The members of the several committees meet from 
time to time during hours when the house is not in session, 
to consider the matters referred to them. At the meetings 
of a committee, any person wishing to be heard in favor of 
or against a proposed measure, may appear before the com¬ 
mittee for this purpose. Persons from all parts of the state 
are usually in attendance, during the sessions of the legisla¬ 
ture, to urge or oppose the passage of laws in which they are 
interested. 

§ 6. After due inquiry and consideration, committees make 
their leports to the house. A report of a committee con¬ 
tains a statement of the facts that have been ascertained, 
and of the reasons why the law prayed for ought or ought not 
to be passed. If a committee reports against a measure, the 
house generally dismisses the subject ; if the committee 
reports in favor of a measure, it usually brings in a bill 
with the report. A lill is a draft or form of an intended 
law. 

§ 7. Not all bills, however, which are brought before the 
house, are reported by committees. Any member of the 
house desiring the passage of a law, gives notice that he 
will, on some future day, ask leave of the house to introduce 
a bill for that purpose ; and, at the time specified, if the 
house shall grant leave, he may introduce the bill. But at 
least one day’s previous notice must be given of his inten¬ 
tion to ask leave, before leave can be granted to introduce a 
bill. 

§ 8. A bill must go through many stages and forms of 
deliberation before it can become a law ; all of which it is 
not deemed important to detail in this place. These forms 
of deliberation and action are, with some unimportant ex¬ 
ceptions, the same in all legislative bodies in the union. 
Before a bill is passed, it must be read three times ; but it 
may not be read oftener than once on the same day 
without the consent of the whole house, in some states ; in 
others, three-fourths or two thirds of the house. Nor can 
it be altered or amended before its second reading. 

^ 9. After a bill has been read twice, it is referred to a 


Chap. XV J 


STATE GOVERNMENTS 


G9 


committee of the whole house, to be taken up for discussion 
and amendment. When a house resolves itself into a com¬ 
mittee of the whole to consider a bill thus committod, the 
speaker appoints another member to the chair, and the 
speaker takes part in the debate, if he chooses, as an ordi¬ 
nary member. When either house is in bommittee of the 
whole, the person presiding is addressed as “ chairman.” 
When not in committee of the whole, the person temporarily 
occupying the chair, is addressed as “ speaker,” or “ presi¬ 
dent,” as the permanent presiding officer would be address¬ 
ed, if he were himself in the chair. 

§ 10. After a bill has been fully discussed and amended, 
it is proposed to be engrossed, and to be read on a future 
day the third time. To engross a bill is to copy it in a 
large, fair hand, after it has been amended in committee of 
the whole. On the proposition to engross a bill for the 
third reading, is the proper time for those opposed to the 
bill to take their stand against it. If the question on the 
engrossment and third reading of a bill is not carried, the 
bill is lost, unless revived by a vote of the house to recon¬ 
sider. But if the question to read a third time is carried, 
the bill is accordingly read on a future day, and the ques¬ 
tion taken on its final passage. Further amendments are 
sometimes made to a bill on its third reading. 

§ 11. When the final vote is to be taken, the speaker 
puts the question : “ Shall the bill pass ?” and requests 
those in favor of it to say “ aye,” and those opposed to say 
“no.” If a majority of the members present vote in the 
affirmative, (the speaker also voting,) the bill is passed ; if 
a majority vote in the negative, the bill is lost. Also if 
the ayes and noo-s are equal, it is lost, for lack of a major¬ 
ity in its favor. In a senate where a lieutenant governor 
presides, not being properly a member, he does not vote, 
except when- the ayes and noes are equal : in which case 
there is is said to be a tie. He then determines the ques* 
tion by his vote, which is called the casting vote. In some 
states, on the passage of a bill, a bare majority of the mem¬ 
bers present voting in the affirmative is not sufficient to 
pass it, unless every member happens to be present. The 
constitution requires a majority of all the members elected to 
each house. t 

§ 12. When a bill has passed one house, it is sent to the 


70 


CITIZEN’S MANUAL. 


(Chap. XV 


other to be considered and acted upon in the same 
manner ; and if agreed to by that house also, without 
alteration, the bill is passed. If a bill is amended in the 
second house, it must be returned to the first, and the 
amendments agreed to, or the bill is lost. Some bills are 
sent several times from one house to the other with amend¬ 
ments, before they are agreed to by both houses. 

§ 13. In a majority of the states, a bill, after it has passed 
both houses, is to be sent to the governor to be approved 
and signed by him, as in Great Britain bills passed by par¬ 
liament, are sent to the king for his approval. In refusing 
to sign a bill, he is said to negative or veto the bill. (Chap. V. 
§4.) No executive, however, in this country, has the 
power of an absolute negative upon acts of legislation, as in 
monarchies, where no laws can be enacted without the ap¬ 
proval of the executive. Our constitutions provide for the 
enactment of laws, notwithstanding the veto of the governor; 
hence he has only a qualified negative. 

§ 14. If a. governor refuses to sign a bill, he must return 
it to the house in which it originated, stating his objections 
to it ; and if it shall be again passed by both houses, it will 
be a law, without the governor's approval. But in such 
cases greater majorities are usually required to pass a law. 
In some states, a majority of two-tliirds of the members present 
is required to pass a bill returned by the governor ; in others 
a majority of all the members elected to each house. Or if the 
governor does not return a bill within a certain number of 
days, it becomes a law without his approval, or without 
being considered a second time. 

$ 15. It may be asked, Why should bills be sent to the 
governor for his approval ? For the same reason as that 
for which a bill passed by one house is sent to the other. 
Bills are sometimes passed hastily, and without due infor¬ 
mation. Legislatures are therefore divided into two branch¬ 
es , and a bill having passed one house is sent to the other, 
where any mistakes may be detected, and the bill either 
amended or rejected. But errors are sometimes committed 
by both houses. Therefore to guard still more effectually 
against the enactment of bad laws, it is provided that the 
governor also shall examine bills. But as it would be un¬ 
safe to invest any one man with an absolute negative upon 
all bills, the governor is required to return such as he does 


Chap. XVI.J 


STATE GOVERNMENTS. 


U 


not approve, to be passed, if possible, in the manner pre¬ 
scribed by the constitution. 

$ 16. To prevent sessions of the legislature from being 
protracted to an unnecessary length, a few state constitu 
tions limit them to a certain number of days, or state the 
number of days for which the members shall receive pay. 
But the expediency of such a provision is doubted. Impor¬ 
tant measures are often hurried through without due con¬ 
sideration, or are arrested in their passage by an untimely 
adjournment. 

§ IT. The compensation of members ol the legislature is 
fixed by the constitution, in some states m others by law 
and paid out of the treasury of the state 


CHAPTER XVI 

EXECUTIVE DEPARTMENT.—GOVERNOR AND LIEUTENANT- 
GOVERNOR ; SUBORDINATE STATE OFFICERS. 

§ 1. The chief executive power of a shite is, by the con¬ 
stitution, vested in a governor. He is assisted in the ad¬ 
ministration of the government by several subordinate ex¬ 
ecutive officers. The governor is chosen at the genera* 
annual election ; in South Carolina by the legislature 
The terms of office are not the same in all the states 
In the six New England states, the governor is chosen 
annually ; in the other states for different terms of two ; 
three, and four years. 

§ 2. The qualifications of governors are also different in 
different states. To be eligible to the office of governor, 
a person must have been for a certain number of years a 
citizen (in some states a native born) of the United States ; 
and for a term of years preceding his election a resident of 
the state. He must also be above a certain age, whicn, in 
a majority of the states, is at least thirty years ; and in some 
of the states he must be a freeholder. 

§ 3. The powers and duties of a governor are numerous. 
Some of those usually mentione 1 in a constitution are the 



CITIZEN’S MANUAL. 


[Chap. XVI. 


following : He sends to the legislature at the beginning of 
every session, a message, containing a statement of the 
general affairs of the state, and recommending such 
measures as he shall judge to be expedient. It is his 
duty also to see that the laws are executed, and to trans¬ 
act all necessary business with the officers of government. 

§ 4. A governor has power also to grant reprieves and 
pardons, except in cases of impeachment, and in some 
states, of treason also. To reprieve is to postpone or delay 
the execution of the sentence of death upon a criminal. A 
;pardon annuls the sentence and exempts him from punish¬ 
ment. !A governor may also commute a sentence ; which is 
to exchange a penalty or punishment for one of less se¬ 
verity. 

§ 5. The governor has power also, in some states, with 
the consent of the senate, to appoint the higher militia 
officers, and certain civil officers in the executive and judi¬ 
cial departments. In ,a few of the states, there are execu¬ 
tive councils, whose advice and consent are required in 
such cases. In making such appointments, the governor 
nominates', that is, he names to the senate, in writing, the 
persons to be appointed. If a majority of the senators pre¬ 
sent consent, the person so nominated is appointed. Many 
other powers and duties are by the constitution devolved 
upon the governor, as will be seen hereafter. 

§ 6. The duties of a lieutenant-governor are not numer¬ 
ous. He is president of the senate, as has been stated, but 
has only a casting vote therein. The principal object in 
electing this officer seems to be, to provide a suitable per¬ 
son to fill the office of governor in case of vacancy. In 
nearly one half of the states, the office of lieutenant-gover¬ 
nor does not exist. 

§ 1. When the lieutenant-governor acts as governor, the 
senate chooses from its own number a president. And if 
the offices of both the governor and lieutenant-governor 
should become vacant, the president of the senate must act 
as governor. In States where there is no lieutenant-gover¬ 
nor, the duties of the governor, in case of vacancy, devolve 
upon the speaker of the senate ; and if the office of the 
speaker of the senate also becomes vacant, then the speaker 
of the house of representatives acts as governor. 

§ 8. Among-the executive officers who assist in the ad- 


Chap. XVI.J 


STATE GOVERNMENT. 


73 


ministration of the government, there are in every state 
either some or all of the following : a secretary of state ; a 
controller, or auditor ; a treasurer ; an attorney-general ; 
and a surveyor-general. The mode of appointment and the 
terms of office,, are prescribed by the constitution or by 
law. In some states, these officers are appointed by the 
governor and senate ; in others by the legislature ; and in 
others they are elected by the people. These officers keep 
their offices at the seat of government of the state. 

§ 9. The secretary of state keeps a record of the official acts 
and proceedings of the legislature and of the executive de¬ 
partments, and has care of all the books, records, deeds of 
the state, and parchments, and of all the laws enacted by 
the legislature, and all other papers and documents requir¬ 
ed by law to be kept in his office. 

§ 10. It is the duty of the secretary of state to see that 
the laws are published. He causes accurate copies to "be 
made of all the laws passed by the legislature, and publish¬ 
ed in one or more papers, as directed by law. And after 
the close of each session of the legislature, he also causes 
the laws to be printed and bound together in a volume, 
and distributed. Copies of the laws thus bound, are depos¬ 
ited in the public offices of the state, for the use of the 
officers of the government ; and a copy is sent to each 
county and town clerk, to be kept in their offices for the 
use of the people who wish to examine the laws. Copies 
are also sent to certain officers of the government ; and one 
or more copies are exchanged with each of the states, for 
copies of their laws to be kept in the state library. Vari¬ 
ous other duties devolve upon the secretary of state. 

§ 11. The state auditor , in some states called controller , man¬ 
ages the financial concerns of the state ; that is, the busi¬ 
ness relating to the money, debts, land, and other property 
of the state. He examines and adjusts all accounts and 
claims*against the state, and superintends the collection 
of moneys due the state. When money is to be paid 
out of the treasury, he draws a warrant (a written order) 
on the treasurer for the money, and keeps a regular account - 
with the treasurer of all moneys received into and paid out 
of the treasury. He reports annual 1 y to the legislature a 
statement of the funds of the state, and of its income, and 
its expenditures during the preceding year. 


74 


CITIZEN'S MANUAL. 


Ch;ip. XVt 


§ 12. The treasurer has charge of all the public moneys 
that are paid into the treasury, and pays out the same as 
directed by law. And he is required to keep an accurate 
account of such moneys, specifying the names of the per¬ 
sons from whom received, to whom paid, and for what pur¬ 
poses. He also exhibits annually to the legislature a state¬ 
ment of moneys received and paid out by him during the 
preceding year, and of the balance in the treasury. 

§ 13. Auditors and treasurers, and other public officers 
intrusted with the care and management of money or other 
property, are generally required, before they enter on the 
duties of their offices, to give bonds, in sums of certain 
amount specified in the law, with sufficient sureties, for the 
faithful performance of their duties. The sureties are 
persons who become responsible to the state for all dam¬ 
ages arising from neglect of duty on the part of the officers, 
not, however, exceeding the sum mentioned in the bond. 

§ 14. The attorney-general is a person learned in the law, 
appointed to manage law-suits in which the state is inter¬ 
ested. He prosecutes persons indebted to the state, and 
causes to be brought to trial persons charged with certain 
offenses. He also gives his opinion on questions of law 
submitted to him by the governor, the legislature, and the 
heads of the departments. In some states, there is no at¬ 
torney-general ; suits in which the state is concerned being 
conducted on the part of the state by the state’s attorney for 
each county. 

§ 15. The surveyor-general superintends the surveying and 
selling of lands belonging to the state. He keeps in his 
office maps of the state, describing the bounds of counties 
and towns ; and when disputes arise respecting the boun¬ 
daries, he causes surveys to be made, if necessary, to ascer¬ 
tain such bounds. These and other similar duties he is by 
law required to perform. In some states there is no sur¬ 
veyor-general, the duty of that office being devolved upon a 
county officer. 

§ 16. There is also, in many states, a state superintendent 
of common schools , or as he is sometimes called, superintendent 
of public instruction, whose general duties are described in a 
subsequent chapter. 

§ 17. There are in every state one or more persons 
employed to do the public printing. A printer chosen 


Chap. XVII.J 


STATE GOVERNMENTS. 


75 


for this purpose, is called state 'printer. It is his business 
to priut the journal, bills, reports, and other papers and 
documents of each house of the legislature, and all the 
laws passed at each session to be distributed by the sec¬ 
retary of state as the law requires. State printers are 
either chosen by the legislature, or employed by persons 
appointed for that purpose ; or the printing is let to the 
person or persons offering to do it at the lowest prices. 
Printers are required to give bonds, with sureties, for the 
faithful performance of the work. 

§ 18. There are sundry other officers in the service of the 
state, properly called executive officers, among whom are 
the following : persons having the care of the public build¬ 
ings and other property of the state ; a state librarian, who 
has charge of the state library, consisting of books contain¬ 
ing matter of a public nature, such as the laws of the state, 
laws of the United States and of the several states, enacted 
from year to year ; together with a large collection of mis¬ 
cellaneous works ; superintendents of state prisons, lunatic 
asylums, and other state institutions ; whose duties are in¬ 
dicated by their titles, and need no particular description. 


CHAPTER XVII. 

COUNTIES AND COUNTY OFFICERS ; POWERS AND DUTIES OF 
COUNTY OFFICERS. 

§ 1. The necessity of dividing a state into small districts 
of territory, has already been mentioned. (Chap. IX., § 13, 
14.) The first, division is into counties ; these again are 
divided into towns. These territorial divisions are the same 
as in England, the country from which the colonies were 
chiefly settled. 

^ 2. Counties in England were formerly districts governed 
by counts or earls j hence the name of county . A county was 
also called shire; and an officer was appointed by the count 
or earl to perform certain acts in the principal town in the 
county, which town was called shire town , and the officer 



76 


CITIZEN’S MANUAL. 


[Chap. XVII 


shire-reeve, 01 sheriff, whose powers and c.nties were cf < 
nature similar to those of the sheriff of a county m thn 
country. The shire town is that in which the court-house 
and other county buildings are situated, and where the 
principal officers of the county administration transact their 
business. In some counties there are two such towns, which 
are called half-shires. 

$ 3. Counties and towns are bodies corporate, or todies 
politic. A body politic, or corporation, is a number of per¬ 
sons united and authorized by law to act under one name, 
and as a single person, in the transaction of business. 
Hence a community of people, united for the purpose of 
government, is a body politic. Persons associated for any 
purpose without being incorporated by law, are not called 
a corporation. The object of incorporating an association 
by law, is to give its members the power to make certain 
rules for their government, and to enforce those rules ; and 
the power to sue and the capacity to be sued, and to hold 
aud sell property, as one person. 

§ 4. Although the names of the officers of the county ad¬ 
ministration, and the distribution of power therein, are in 
some respects different in the different states, the powers 
and duties of these officers are nearly the same in all the 
states. County officers are generally elected by the people 
of the counties at the general election. 

§ 5. As a county possesses various corporate powers, 
there must necessarily be among its officers some in whose 
name these powers are to be exercised, and all acts and 
proceedings by and against it are to be done. In some of 
the New England states, Ohio, and others, there is a board 
of county commissioners, (usually three,) who exercise corpo¬ 
rate powers. In New York and Michigan, these powers 
are exercised by and in the name of the board of supervisors , 
which is composed of the supervisors of the several towns, 
there being one supervisor in each town. This board of 
officers has power also to examine and settle the accounts 
against the county, and to order money to be. raised to de¬ 
fray its expenses ; to make orders or contracts in relation 
to the building or repairing of the court-house, jail, and 
other county buildings ; and to perform such other acts as 
the laws require. 

§ 6. There is also a treasurer in each county, to receive 


Chv- XVII ] 


STATE GOVERNMENTS. 


and pay out the money required to be collected and paid 
out in the county. There is also an auditor in some states, 
to examine and adjust the accounts and debts of the county, 
and to perform certain other duties. The duties of county 
auditors, in their several counties, are similar to the duties 
of a state auditor. In states in which there is no county 
auditor, his duties are in part performed by the county 
treasurer, or some other county officer or officers. 

§ 7. There is also a register or recorder , who provides suit¬ 
able books, and records in them all deeds, mortgages, and 
other instruments of writing required by law to be recorded. 
In New York, and perhaps in some other states, the busi¬ 
ness of a register or recorder is performed by the county 
clerk , who is also clerk of the several courts held in the 
county, and who serves in the capacity of clerk or secretary 
to certain boards of county officers. In some states, deeds, 
mortgages, &c., are recorded by the town clerks of the 
several towns. 

§ 8. Another county officer is a sheriff, whose duty it is 
to attend the sittings of all courts held in the county ; to 
execute all warrants, writs, and other processes directed to 
him by the proper authority ; to apprehend persons charged 
with crime ; and to take charge of the jail and the prison¬ 
ers therein. It is his duty also to preserve the public 
peace ; and he may cause all persons who break the public 
peace within his knowledge or view, to give bonds, with 
sureties, for keeping the peace, and for appearing at the 
next court to be held in the county, and commit them to 
jail if they refuse to give such bonds. In the performance 
of these and other duties, he is assisted by deputies. Sher¬ 
iffs are generally elected by the people. 

§ 9. There are elected in each county one or more coro¬ 
ners, to inquire into the cause of the death of persons who 
have died by violence, or suddenly, and by means unknown. 
Notice of such death is given to the coroner, who orders a 
jury to be summoned, and witnesses subpoenaed, and re¬ 
pairs to the place of such dead person to inquire into the 
cause and manner of the death. Such examination is call¬ 
ed a coroner 1 s inquest. The fees of sheriffs and coroners are 
fixed by law. * 

§ 10. In some states there is a county surveyor, whose duties 


CITIZEN’S MANUAL. 


78 


[Chap. XVIII 


within his county are similar in their nature to those of a 
state surveyor-general. 

§ 11. An attorney, elected or appointed for the purpose, 
attends all courts in which persons are tried in the county 
courts for crimes, and conducts all prosecutions for crimes 
tried in such courts. In states where there is no attorney- 
general for the state, the prosecuting attorney for each 
county serves in this capacity, in trials in which the state 
is a party. As all breaches of the peace, and all crimes, 
are considered as committed against the state, and prose¬ 
cuted in its name, this attorney is sometimes called state's 
attorney. 


CHAPTER XVIII. 

TOWNS AND TOWN OFFICERS ; POWERS AND DUTIES OF 
TOWN OFFICERS. 

§ 1. The territories into which a county is divided, are 
usually called towns. In some states they are called, and 
perhaps more properly, townships ; and the name of town is 
given to an incorporated village, or a city. We shall, how¬ 
ever, in this work, apply to these territorial divisions the 
name of town. 

§ 2. -The people of the several towns meet once a year 
for the election of town officers, and for the regulation of 
certain town affairs. The electors of a town have power, 
at their annual town meetings, to order money to be raised 
for the support of the poor, for the building and repairing 
of bridges, and for other town purposes ; to make regula¬ 
tions concerning fences ; to fix the compensation of town 
officers in certain cases ; and to perform such other acts as 
come within the usual powers of towns. 

§ 3. The principal officers generally elected in towns, are 
the following : one or more persons who have the general 
oversight and direction of town affairs, called by some 
name corresponding to the nature of their duties ; a town 
clerk ; one or more assessors ; one or more overseers of 
highways ; overseers of the poor ; officers to manage school 



Chap XVIII.] 


STATE GOVERNMENTS. 


79 


affairs ; constables ; collectors of taxes ; treasurer ; fence- 
viewers ; pound-keepers, &c. In some states, there are 
also sealers of weights and measures ; persons to measure 
and inspect wood, lumber, bark, and other commodities. 

§ 4. The officers first mentioned in the preceding section, 
are, in the New England states, called selectmen , of whom 
there are at least three, and in no state more than nine, in 
each town. In Ohio, and perhaps a few other states, they 
are called trustees of townships, and are three in number. In 
New York and Michigan, there is in each town one such 
officer, called supervisor. 

§ 5. The powers and duties of these officers are more 
numerous and extensive in some states than in others. They 
have power to lay out roads, and lay out and alter road dis¬ 
tricts ; and to do certain acts relating to roads, bridges, 
taxes, common schools, tho support of the poor, &c., and to 
examine and settle all demands against the town. In some 
of the states, however, some of these duties are in whole or 
in part performed by other officers. 

§ 6. The town clerk keeps the records, books, and papers 
of the town ; records in a book the proceedings of town 
meetings, and the names of the officers elected at these 
meetings, and such other papers as are required by law to 
be recorded. In some states, deeds and other conveyances 
are recorded by the clerks of towns. 

6 7. The duties of assessors and collectors relate to the assess¬ 
ment and collection of taxes, and are described in another 
chapter. 

§ 8. The persons having the general care and superinten¬ 
dence of highways, have power to lay out roads, and to lay 
out and alter road districts ; to assess the labor to be per¬ 
formed in the several districts ; to pay out the money raised 
for repairing bridges, &c. In some states, these duties are 
devolved upon other officers. 

§ 9. Each town is divided by the proper officers into as 
many road districts as may be judged convenient; and a 
person residing in each such district is chosen, called over¬ 
seer or supervisor or surveyor of highways , whose duty it is to 
see that the roads are repaired and kept in order in his dis¬ 
trict. In some states, a tax is laid and collected, sufficient 
to keep in repair the highways, each person assessed being 
allowed to perform labor or furnish materials to the amount 


80 


CITIZEN’S MANUAL. 


[Chap. XIX. 


of his tax. In jther states, road taxes a/e assessed upon 
the citizens in days’ labor, according to the value of their 
property * every man, however, being assessed at least one 
day for his head, which is called a poll-tax. Persons not 
wishing to labor, may pay an equivalent in money, which is 
called commuting. 

§ 10. It is the duty of overseers of the poor to provide for the 
support of all poor and indigent persons belonging to the 
town, who need relief, and have no near relations who are 
able to support them. 

§ 11. The principal duties of a constable are, to serve all 
processes issued by justices of the peace in suits at law for 
collecting debts, and for arresting persons charged with 
crimes. The business of a constable in executing the orders 
of a justice of the peace, is similar to that of a sheriff in re¬ 
lation to the county courts. 

§ 12. The town treasurer receives all moneys belonging to 
the town, and pays out the same as they may be wanted for 
town purposes, and accounts yearly to the proper officers. 
This office does not exist in all the states. 

§ 13. The duties of fence-viewers relate chiefly to the set¬ 
tling of disputes between the owners of adjoining lands con¬ 
cerning division fences ; the examining or viewing of fences 
when damage has been done by trespassing animals ; and 
the estimation of damages in such cases. 

For a particular description of the duties of town officers, 
reference must be had to the statutes of the several states. 


CHAPTER XIX. 

INCORPORATION AND GOVERNMENT OF CITIES, VILLAGES, &C. 

$ 1. Cities and villages have governments peculiar to 
themselves. It is evident that places containing a large 
population, need a different government from that of ordin¬ 
ary towns or townships. Many of the laws regulating the 
affairs of towns sparsely inhabited, are not adapted to a 
place where many thousand persons are compactly settled 



Chap. XIX.] 


STATE GOVERNMENTS. 


81 


Besides, the electors in such a place would be too numerous 
to meet in a single assembly for the election of officers, or 
for other public business. 

$ 2. Whenever, therefore, the inhabitants of any place be¬ 
come so numerous as to require a city government, they 
apply to the legislature for an act incorporating them into 
a city. The act or law of incorporation is usually called a 
charter. The origin of this word has been given. (Chapter 
X. § 3.) The word charter, in thi3 country, is now com¬ 
monly used to designate an act of the legislature conferring 
powers and privileges upon cities, villages, and certain other 
corporations. 

§ 3. The chief executive officer of a city is a mayor. A 
city is divided into wards of convenient size, in each of 
which are chosen one or more aldermen, (usually two,) and 
such other officers as are named in the charter. The mayor 
and aldermen constitute the common council, which is a kind 
of legislature, having the power to pass such laws, (com¬ 
monly called ordinances,) and make such orders and regula¬ 
tions, as the government of the city requires. The mayor 
presides in meetings of the common council, and performs 
certain judicial, and numerous other duties. There are also 
elected in the several wards, assessors, constables, collec¬ 
tors, and other necessary officers, whose duties in their re¬ 
spective wards are similar to those of like named officers in 
country towns. 

§ 4. The people in cities, however, are not wholly gov¬ 
erned by laws made by the common council. Most of the 
laws enacted by the state legislature, are of general appli¬ 
cation, and have the same effect in cities as elsewhere. Thus 
the laws of the state require that taxes shall be assessed 
and levied upon the property of the citizens of the state to 
defray the public expenses ; and the inhabitants of the cities 
are required to contribute their just proportion of the same ; 
but the city authorities impose and collect additional taxes 
for city purposes. 

§ 5. In cities there are also courts of justice other than 
those which are established by the constitution or general 
laws of the state. A court for the trial of persons guilty of 
disturbing the peace, and of such minor offenses generally 
as are punished by imprisonment in the county jail, exists 
in cities, and is called a police court. It is held by a police jus- 


82 


CITIZEN’S MANUAL. 


[Chap. XIX 


tice, who is either elected by the people or appointed in such 
manner as the law prescribes. In some of the larger cities, 
there are courts of civil as well as criminal jurisdiction, 
differing from those which are common to counties gen¬ 
erally. 

§ 6. The government of incorporated villages is not in all 
respects like that of cities. The chief executive officer of 
such villages is in some states called president. The village 
is not divided into wards ; the number of inhabitants being 
generally too small to render such divisions necessary. 
Instead of a board of aldermen, there is a board of trustees , 
or directors , who exercise similar powers. The president of 
a village is usually chosen by the trustees from their num¬ 
ber. In Ohio, and some other states, incorporated villages 
are called towns, and their chief executive officer is called 
mayor. 

§ T. In some states, there is a general law under which 
the inhabitants of any village may form themselves into such 
corporation, with the necessary powers of government, with¬ 
out a special law of incorporation. 

§ 8. Not only is every city, town, and county, a corpora¬ 
tion, but the state itself, whose citizens are united for the 
purpose of government, is one great corporation. The lat¬ 
ter, however, is not formed by an act of the legislature as 
other corporations are, but by the people themselves in es¬ 
tablishing the constitution or political law of the state. 

§ 9. Besides these territorial corporations, as counties, 
towns, cities, &c., for purposes of government, there are hi 
corporated companies for carrying on business of various kinds, 
as turnpike and rail-road companies, and companies for pur¬ 
poses of manufacturing, banking, insurance, &c. These 
several kinds of business, to be carried on extensively and 
successfully, usually require a larger amount of money than 
t single individual possesses. A number of persons there- 
ore unite their capital, and ask for an act of incorporation, 
granting them powers which they could not have in the 

par- 
ven 

§ 10. One of the characteristics of a corporation is, that 
it is perpetual. An ordinary business partnership must end 
on the death of any one or more of the partners. Not so 


capacity oi an ordinary business partnership. A more ] 
ticular description of some of these corporations will be gi 
in another chapter. 


Chap. XX.J 


STATE GOVERNMENTS. 


83 


with a corporation. When the persons who first composed 
the corporation are all dead, the corporation is still alive ; 
for those who come after them have the same powers and 
privileges. 


CHAPTER XX. 

ASSESSMENT AND COLLECTION OF TAXES. 

§ 1. As no government can be maintained without ex 
pense, and as every citizen is in some way benefited by tht 
government, it is the duty of all who are able, to contribute 
to its support. Every government must therefore have the 
power to provide the means of defraying its expenses. This 
is done chiefly by taxation. Taxes are assessed and levied 
principally upon the property of the citizens. 

§ 2. All lands, and all personal property, are subject to 
taxation, except public property ; as the corporate property 
of the state, of counties, and towns, including the buildings 
in which the public business is done, the prisons, jails, 
asylums, &c., and the lands attached to them ; also school- 
houses and meeting-houses with lands attached ; burial- 
grounds ; and the property of literary and charitable insti¬ 
tutions ; these several kinds of property being exempt from 
axation. Lands , real property, and real estate , have the same 
meaning, and include land, with all buildings and other 
articles erected or growing thereon. Personal estate, or per¬ 
sonal property, includes all household furniture, money, goods, 
chattels, and debts due from solvent debtors. 

§ 3. As each citizen is to be assessed in proportion tc 
the value of his property, it is necessary, first, to make a 
correct valuation of all the taxable property. For this pur¬ 
pose, the assessor or assessors pass through the town and 
make a list of the names of all the taxable inhabitants, and 
the estimated value of the property, real and personal, of 
each ; and returns of the same are made to the proper county 
ofliQers, who cause the tax list for each town to be made out, 
and order the taxes to be collected 

§ 4. In some states, every person liable to taxation is 



84 


CITIZEN’S MANUAL. 


Chap. S\ 


himself required to furnish a list of all his taxable property ; 
printed blank lists having been previously distributed 
among the taxable inhabitants for this purpose. To secure 
accuracy in the lists, the assessors (called also listers) may 
require persons to make oath that they have made a true 
statement of their property, real and personal, and of its 
estimated value. In states where the polls of the tax payers 
are assessed, these also are set down in the lists at such 
sums as the law directs to be affixed to each poll. 

§ 5. Before a tax list can be made out, it must be known 
what amount is to be collected in each town. The amount 
is made up of three parts : first, the sum wanted to defray 
the expenses of the town ; secondly, its share of the county 
expenses ; and thirdly, its proportion of the expenses of the 
state government, or of what is to be raised for state pur¬ 
poses. 

§ 6. The apportionment of the state and county expenses 
among the several towns, is made according to the amount 
of property in each as valued by the assessors. The state 
auditor or controller, having received from the several coun¬ 
ties returns of the aggregate value of the property of each 
county, is enabled to apportion to each its quota of the 
amount to be raised for state purposes. To each county’s 
share of the state expenses is added the sum to be raised for 
county purposes, and the amount is apportioned among the 
towns. Then adding to each town’s share of the county and 
state expenses, the amount to be raised for town purposes, 
gives the amount to be collected in the town. 

§ 7. Having thus ascertained the sum to be raised in 
each town, the officers whose duty it is, cause a tax list to 
be made out, containing the names of all taxable persons 
in the town, and the amount of each person’s tax opposite 
his name. The tax list of each town, certified and signed 
by the proper persons, is put into the hands of the collector, 
with a warrant ordering the same to be collected. 

§ 8. In some states, town, county, and state taxes are, or 
may be collected separately, and whenever they shall be 
ordered by the proper authorities. In other states, how¬ 
ever, the whole amount to be raised for state, county, and 
town purposes, for the year, is made out in a single rate 
bill. The money collected for county and state purposes, 
is paid to the county treasurer, who pays to the state 


Chap. XXL] 


STATE GOVERNMENTS. 


85 


treasurer the amount of the state tax ; and the remainder 
is applied ta the payment of the county expenses. And 
the amount collected for town purposes is paid to such 
persons in the town as are by law authorized to receive 
the same. 


CHAPTER XXI 

THE MILITIA. 

§ 1. To defend a country against foreign enemies, and to 
put down insurrections and rebellion against the govern 
ment by its own citizens, it is the practice of governments 
to keep their respective countries prepared for events of 
this kind. For this purpose, men are required to meet 
every year on certain days for instruction in the art of 
war. 

§ 2. All white male citizens of the United States, between 
the ages of eighteen and forty-five years, are liable to do 
military duty in the states in which they reside, except 
such persons as are exempt by the laws of the state and of 
the United States. Persons exempt by the laws of the state, 
are usually the following : Ministers of the gospel ; com¬ 
missioned officers of the militia having served a certain 
number of years ; members of uniformed companies having 
served for a specified term; members of fire companies ; 
certain public officers while in office ; and in some states, 
teachers and students of colleges, academies and common 
schools ; and a few others. Persons exempted by the laws 
of the United States, are the vice-president and all exe¬ 
cutive and judicial officers of the government of the United 
States ; members of congress and its officers ; custom-house 
officers and their clerks ; post-officers and drivers of mail 
stages ; ferrymen employed at ferries on post-roads ; pilots 
and mariners. 

§ 3. It will be seen that the president of the United 
States, and the governor of the state, are not mentioned 
among the persons who are free from military duty. By 
the constitution of the United States, the president is com- 



86 


CITIZEN’S MANUAL. 


[Chap. XXI 


mander-in-chief of the army and navy of the United States ; 
and of the militia of the several states also, when called 
out into actual service ; and by the constitution of the 
state, the governor is the commander-in-chief of the militia 
of the state. 

§ 4. Persons who, having been duly notified, refuse to 
appear at military parades, or, appearing, are not equipped 
as the law directs, are tried by a military court, called 
court martial , consisting usually of three military officers, 
or of such other persons as may be appointed according to 
the law of the state. If the persons tried do not show good 
cause for their delinquency, they are fined in such sum as 
the law prescribes. In certain cases, courts may consist 
of more than three members. 

§ 5. The highest militia officer next in rank to the gov¬ 
ernor, is the adjutant-general of the state ; who keeps a list 
of all the higher commissioned officers, containing the date 
of their commissions, their rank, the corps they belong to, 
the division, brigade and regiment, and the places of their 
residence. He distributes all orders from the commander- 
in-chief to the several divisions ; attends public reviews 
where the commander-in-chief shall review the militia ; and 
obeys all orders from him relative to carrying into execu¬ 
tion the system of military discipline established by law. 

§ 6. There is also, in some states, a commissary-general , 
who has the care of the arsenals and magazines, and the 
articles deposited in them. An arsenal is a building in 
which are kept cannon, muskets, powder, balls, and other 
warlike stores ; all of which are to be kept in repair and 
ready for use. The commissary also furnishes the officers 
of the militia such articles as they are entitled to receive 
for the use of their companies. 

§ 7. There are persons who, believing all wars to be 
wrong, can not conscientiously do military duty. As it is 
the object of our government to secure to every person 
the liberty of conscience as well as other rights, the con¬ 
stitutions of the states provide, that those who are averse 
to bearing arms, may be excused by paying annually a 
sum of money as an equivalent for the service required by 
law. But it may well be doubted whether compelling a 
man to pay such equivalent is not itself a violation of the 
rights of conscience. Persons conceiving it no less morally 


Chap XXI. j 


STATE GOVERNMENTS. 


87 


wrong to commute for the service than to perform it, have 
refused to do either, and have submitted to the forcible col¬ 
lection of the commutation money, and, in some instances, 
even to imprisonment. Hence, in some states, all persons 
belonging to the society of Friends, usually called Quakers, 
are exempt without the payment of an equivalent. 

§ 8. By the laws of New York and Ohio, the rank and 
file of the militia in these states are not required to train 
in time of peace. Persons subject to do military duty, 
except those connected with the uniformed companies, are 
enrolled in the militia ; and instead of doing duty, they an¬ 
nually pay a small tax, which, in New York, is fifty cents, 
and in Ohio fifty cents, or a day’s highway labor. 

§ 9. Laws abolishing trainings and musters of the great 
body of the militia, are growing into favor, and for these, 
among other reasons : first, the militia system produces no 
material improvement in discipline ; secondly, the time 
spent in these useless exercises, and the money expended 
for arms and equipments, are burdensome to many citizens ; 
and thirdly, there is no probability of an occasion requiring 
a large portion of the militia to be called into immediate 
service. The volunteer companies and the standing army 
of the nation, are deemed sufficient for any supposable emer¬ 
gency. 

§ 10. Happily, the practice of settling controversies be¬ 
tween nations by war, is becoming less popular in civilized 
and Christian communities. War is a fearful evil, and 
ought to be discouraged, and, if possible, avoided. Were 
governments so disposed, they might in most cases settle 
their differences peaceably and honorably, as individuals do. 
If the love of military honor were less encouraged, and the 
principles of peace duly inculcated, the time would bo 
hastened when “ nations shall learn war no more.” 


88 


CITIZEN’S MANUAL. 


[Chap. XXII 


CHi PTER XXII. 

EDUCATION ; SCHOOL FUNDS ; SCHOOLS, &C. 

§ 1. The object of a good government is to promote the 
happiness and welfare of its citizens. To protect them in 
the enjoyment of life and the fruits of their labor, is not its 
whole duty. It should go further, and make express pro¬ 
vision for improving the condition of the people, especially 
the less favored portions of them. 

§ 2. The prosperity and happiness of a people depend 
essentially upon their education. In many of the eastern 
countries, the people, for the want of intelligence, are de¬ 
graded and miserable. They are governed by a despot, 
who rules over them with great rigor. Such is their igno¬ 
rance, that they know not that there could be any improve¬ 
ment in their condition : consequently, they could not gov¬ 
ern .themselves as the people of this country do. It is only 
where the people are well educated, that a free government 
can be maintained. Therefore, if we would secure a con¬ 
tinuance of the blessings of good government, the advan¬ 
tages of education must be enjoyed by the citizens gene¬ 
rally ; and it is the duty of the government to provide the 
means for promoting the general diffusion of useful knowl¬ 
edge. The states have accordingly instituted school sys¬ 
tems for the instruction of children and youth of all classes. 

§ 3. But the states do not all provide these means in the 
same manner, nor to the same extent. In most of them 
the schools are supported only in part, in a few of them 
wholly, at the public expense. In some states, a fund has 
been provided, the income of which is annually applied to 
this object. A fund, in general, is a sum of money used for 
carrying on business of any kind. The money, or capital 
stock, which a merchant employs in trade, is a fund. Also 
the moneys and other property of a state, which are set 
apart for paying the expenses of the government, or for the 
construction of canals, roads, and other public improve¬ 
ments, are called funds. The interest of these funds, and 
the income from other sources, are called the revenue. 


Chap. XXII.J 


STATE GOVERNMENTS. 


80 


§ 4 In some states, school funds are provided by appro¬ 
priating the public lands, which are lands owned by the 
state as a corporate body ; the proceeds of which, from 
sales or rents, constitute a part or the whole of the school 
fund, the interest of w hich is annually applied to the sup¬ 
port of schools. If the income from the school fund is in¬ 
sufficient for this purpose, the defici?ncy may, as is done in 
some states, be supplied, in whole or in part, by taxation, 
or from the state treasury. In several of the states, the 
common schools are wholly supported at the public ex¬ 
pense. 

§ 5. Many of the new states have large school funds. 
At an early period, while most of the territory from which 
these states have been formed was yet the property of the 
United States, and uninhabited, congress passed an act, 
designating a particular section of land (number sixteen) 
in every township, for the support of schools therein. By 
this act, one-thirty-sixth part of the lands within each of 
these states, has been thus appropriated, besides smaller 
portions granted for the benefit of a university in each 
state. These lands are in the charge of the proper officers, 
who dispose of them, and apply the proceeds as the law 
directs. 

§ 6. The school funds of many of the states have been 
largely increased by certain moneys received from the 
United States. In 1831, there had accumulated in the na¬ 
tional treasury, about thirty millions of dollars over and 
above what was needed for the expenses of the govern¬ 
ment. By an act of congress, this surplus revenue was 
distributed among the states then existing, to be kept by 
them until called for by congress. Although congress re¬ 
served the right to recall the money, it was presumed that 
it would never be demanded. That it never will be, is now 
almost certain. Many of the states have appropriated large 
portions of their respective shares for educational purposes. 
The full amount of the school fund at the time of writ¬ 
ing (1877) aggregates the enormous sum of nearly sixty- 
nine millions of dollars. 

§ 1. School moneys coming from the state treasury, or 
state fund, are usually apportioned among the several 
towns of the state ; and each town’s share of the same, 
together with what may be raised in the town by taxation. 


90 


CITIZEN’S MANUAL. 


[Chap. XX1\ 


or derived from its school lands, is divided among the seve 
ral districts according to the number of children between 
certain ages in each, or in such other manner as may be 
directed by law. If the moneys thus received are insuffi¬ 
cient to pay the wages of teachers, the deficiency is col¬ 
lected from the persons whose children have been taught in 
the schools, by rate bill. 

§ 8. The towns, or townships, are divided into districts ol 
suitable size for schools, which are called district schools. 
They are also called common schools , from their being sup¬ 
ported by a common fund, and designed for the common 
benefit; and perhaps also from the lower and more common 
branches only being taught in them. One or more trustees 
or directors are annually chosen to manage the affairs of the 
district ; also a district clerk , to record the proceedings of all 
district meetings ; and a collector to collect taxes assessed 
upon the inhabitants for building and repairing school- 
houses, and all rate bills for the payment of teachers. 

§ 9. The highest common school officer is the state superin¬ 
tendent of common schools. The superintendent collects infor¬ 
mation relating to the schools ; the number of children re¬ 
siding in each district, and the number taught; the amount 
paid for tuition ; the number of school-houses, and the amount 
yearly expended in erecting school-houses ; and other mat¬ 
ters concerning the operations and effects of the common 
school system. If there is no other officer whose duty it is, 
the superintendent also apportions the money arising from 
the state funds among the several counties. He reports to 
the legislature at every session the information he has col¬ 
lected, and suggests such improvements in the school sys¬ 
tem as he thinks ought to be made. 

§ 10. There is in each county an officer who receives from 
the state superintendent the money apportioned to his coun¬ 
ty, and apportions the same among the several towns of the 
county. He also reports to the state superintendent the 
number of children in the county ; and performs such other 
duties as the law requires. In some states, there is no such 
officer ; but the money is apportioned by the state superin¬ 
tendent among the towns ; and the reports from the towns 
are made directly to the state superintendent. 

§ 11. In the towns there are officers whose duties are, to 
examine teachers, visit schools, apportion the school moneys 


Gimp. XX1II.J 


STATE GOVERNMENTS. 


91 


among- the districts, and to collect the lists of the number of 
children in the several districts, with such other information 
as the law requires, and report the same to the county offi¬ 
cer, or if there is none, to the state superintendent. In 
some states, there is in each county an officer, or a board of 
officers, for the examination of teachers, and for the perform¬ 
ance of certain other duties relating to the schools of the 
county. 

§ 12. Academies and colleges also receive aid from the 
state, to a limited extent. A distinct fund is created in 
some states for their benefit ; in others, they are aided by 
special appropriations from the state treasury. 


CHAPTER XXIII. 

CANALS ; RAIL-ROADS, &C. 

§ 1. In further carrying out the purposes of government, 
provision ought to be made to secure to the citizens the 
means of obtaining a suitable reward for their industry. As 
all must contribute to the support of the government from 
the avails of their labor, the government ought, by all just 
and proper means, to render the labor of all, as nearly as 
may be, equally profitable. 

§ 2. The people of a large state do not all possess equal 
advantages. Those who reside near navigable waters and 
good roads, are better rewarded for their labor than others 
who reside at a greater distance from them. A farm in the..) 
vicinity of a good market, may possess double the value of 
another of equal size and fertility, in a remote part of the 
state ; because a large portion of the value of the products 
of the latter is expended in transporting them to market. 
And those who reside far in the country must also pay 
higher prices for the goods they purchase, to remunerate 
the merchants for the cost of transportation. Hence the 
necessity of good roads, canals, or other means of facilita¬ 
ting intercourse between distant parts of the state. 

§ 3. Among the works of public utility, canals are per¬ 
haps the most useful, and are to be preferred wherever their 



92 


CITIZEN’S MANUAL. 


[Chap XXIU 


construction is practicable. Canals are sometimes con¬ 
structed by incorporated companies ; but generally these 
works, especially those of considerable magnitude, are con¬ 
structed by the state, and are the property of the state. 
Although there are some states in which there are no canals 
of the latter description, it may be interesting to young 
persons to know how so importa.it a state work is accom¬ 
plished. 

§ 4. To raise the money necessary to make a canal, the 
legislature might levy a general tax upon the property of 
the citizens ; but this would be inexpedient ; because, first, 
the payment of so large a sum within the time in which it 
would be desirable to complete the work, would be burden¬ 
some ; and secondly, the burden must fall alike upon the 
people of all parts of the state, whereas those residing most 
remotely from the line of the work, would derive from it no ' 
material advantage. 

§ 5. When, therefore, a great work of this kind is under¬ 
taken by a state, the law authorizing the work usually pro¬ 
vides a fund, the income of which is to be applied to this 
object. This fund consists of such lands, property, and 
moneys as the legislature may grant for this purpose. A 
fund was thus constituted in Ohio, at the commencement of 
the canal enterprise in that state ; to which fund congress 
subsequently made a grant of 840,000 acres of the public 
lands of the United States lying in that state. Similar grants 
of land in other western states, have, it is believed, been 
made for canals or other public improvements. 

§ 6. These funds, however, furnish but a part, some of 
them only a small part, of the money necessary to complete 
c the work : and all the states undertaking public improve- 
” ments, may not have the lands or other property to consti¬ 
tute such a fund. The state, therefore, obtains the money, 
chiefly or wholly, by borrowing the same for a long term of 
years, relying on the income of the canal fund, and the pro¬ 
ceeds of tolls collected on the canals when completed, to 
repay the cost of their construction. Should the income of 
the canals and canal fund prove insufficient, the defici gncv 
may be supplied by taxation. The original cost of the Erie 
canal in the state of New York, completed in 1825, was 
reimbursed by the revenue arising from tolls and the canal 
fund, about ten years afte: its completion, without the 


Chap. XXIII.] 


STATE GOVERNMENTS. 


93 


necessity of taxation ; but falling-off of revenues and 
increased expenses now aggregate the debt to about 
$11,000,000, which was made by the enlargement. 

§ 7. The business of borrowing the money is done, on the 
part of the state, by persons duly authorized, who give for 
the money borrowed the bonds of the state, which are writ¬ 
ten promises to pay the money at the time specified, with 
interest at the rate agreed on ; the interest generally to be 
paid semi-annually. These bonds are usually given in sums 
of $1,000 each. The debts of a state thus contracted by 
issuing bonds, are called state stocks , as the capital or stock 
required to construct any state work, is obtained by the 
sale of these bonds. These bonds, like the certificates of 
stock in. a rail-road or turnpike company, are transferable, 
and may be bought and sold as promissory notes, and con¬ 
stitute an important article of trade. 

§ 8. These stocks are taken by men who have large sums 
of money to lend, and who consider the state a responsible 
debtor ; because, if it has no other means of paying its 
bonds, the legislature has power to raise the money by 
taxation. Most of the states have contracted debts in this 
manner for various purposes ; and many of them are largely 
indebted, not only to American capitalists, but to those of 
European countries, whence many millions have been sent 
to the United States to purchase state stocks. 

§ 9. Officers are appointed according to law to manage 
the canal fund, and others to superintend the canals. There 
are also officers at suitable distances along the canals to 
collect the tolls, which are charges paid by the masters or 
owners of boats for the use of the canal. 

§ 10. The states of New York, Pennsylvania, Ohio, and 
some other western states, have prosecuted the canal enter¬ 
prise on a large scale. And although large debts have 
been incurred by the construction of these canals, the bene¬ 
fits derived from them more than compensate for the vast 
expense of their construction. 

§ 11. Rail-roads are constructed by companies incorpo¬ 
rated for that purpose. The necessity for an act of incorpo¬ 
ration is readily seen. Rail-roads pass through the lands 
of private individuals ; and without the authority of law, 
the land of no person can be taken for such purpose ; nor 
can a law authorize it to be taken unless the work is (me of 


94 


CITIZEN’S MANUAL. 


[Chap. XXIII 


public utility ; nor even in such case, unless compensation 
is made to the owner for his land ; for it is declared by the 
constitutions of the several states, that “ private property 
shall not be taken for public use without just compensation.” 

§ 12. If, therefore, the legislature deem such road to be 
of public utility, they incorporate the company with the 
requisite powers to construct the road, on making compen¬ 
sation for the land, the value of which is to be estimated in 
such manner as the law prescribes. The law also prescribes 
the manner in which the general affairs of the road are to 
be conducted. 

§ 13. The amount of capital to be employed by the com¬ 
pany, is mentioned in the act, and is raised in this way : 
The amount of capital, or stock, is divided into shares of $50 
or $100 each. Persons wishing to invest money in the road, 
subscribe the number of shares they will respectively take. 
When all the shares are thus sold, and the money is paid in, 
the company is ready to proceed to the construction of the, 
road. The owners of these shares are called stockholders, 
who choose from among themselves such number of directors 
as the act of incorporation authorizes. The directors elect 
from their number a president. 

§ 14. A person buying shares, receives a certificate 
signed by the proper officers, stating the number of shares 
he has purchased. The holder of'these certificates, if he 
wishes to make some other use of the money he has 
invested in the business, may sell his stock to some other 
person, to whom he passes his certificate, which is evidence 
of the amount of stock so purchased. Thus these certifi¬ 
cates are bought and sold as promissory notes. 

§ 15. Stockholders depend, for the reimbursement of their 
capital, upon the money to be received for the transporta¬ 
tion of passengers and freight. Such portion of the income 
of the road as remains after paying all expenses of run¬ 
ning and repairs, is divided semi-annually among the stock¬ 
holders. Hence the sums thus divided are called dividends. 
The returns from some roads are so large as to make the 
investment a profitable one ; so that the holder of shares is 
enabled to sell them at a profit. When shares in the stock 
of any institution are bought and sold at their nominal 
value, stocks are said to be at par. If above or below the 
nominal value, they are said to be above or below par. In 


Chap. XXIV.] STATE GOVERNMENTS. 95 

large commercial cities, as New York, Boston and Phila¬ 
delphia, the purchase and sale of stocks in rail-roads, banks, 
insurance companies, &c., is a regular and extensive busi¬ 
ness of capitalists. 


CHAPTER XXIY. 

BANKS AND INSURANCE COMPANIES. 

§ 1. We are informed that the first institution of banks 
was in Italy, where certain Jews kept benches in the mar¬ 
ket places for the exchange of money and bills ; and banco 
being the Italian name for Bench, banks took their title 
from this word. The first banks are supposed to have been 
only places where money was laid up or deposited for safe 
keeping. But banks at the present day are not used for 
depositing alone. 

§ 2. Banks in this country can be established only by 
authority of law. If the inhabitants of a place want a 
bank, they petition the legislature to incorporate a bank¬ 
ing association. The act of incorporation prescribes the 
manner in which the company shall be formed, how its busi¬ 
ness shall be done, and the amount of capital or stock to 
be employed. The capital of a bank is raised by the sale 
of shares and issue of certificates, as in the case of rail¬ 
roads, (Chap. XXIII, §13, 14.) 

§ 3. The stockholders elect of their number, usually thir¬ 
teen directors, who choose one of themselves to be presi¬ 
dent. The president and directors choose a cashier and 
clerks. 

§ 4. A part of the business of banks is still that for 
which they were originally established, namely, the receiv¬ 
ing of money on deposit. Merchants and others in commer¬ 
cial places, deposit in a bank, for safe-keeping, the money 
they receive in the course of business, and tnen draw it out 
on their written orders as they have occasion to use it. An 
order of this kind is called check. Persons depositing money 
only occasionally, and intending to draw for the same at 



CITIZEN’S MANUAL. 


[Chap. XXIV 


9G 

once, usually xeceive from the cashier a certificate of deposit , 
which states the name of the depositor, the sum deposited, 
and to whose order it is to be paid. For the use of money 
deposited for any considerable period, banks agree to pay 
interest, usually, however, less than the established or 
ordinary rate. Certificates of deposit may, by indorse¬ 
ment, be made transferable as other negotiable paper, and 
are often remitted to distant places, where, by presentation 
at a bank, they may, for a trifling compensation, be convert¬ 
ed into money. 

§ 5. Another kind of business done by banks is, to assist 
merchants and others in transmitting money to distant 
places. An operation of this kind is performed thus : A, 
in Boston, wishing to send $1,000 to B, in Philadelphia, 
puts the money into a bank in Boston, and takes for it an 
order, or draft, on a bank in Philadelphia, for that amount, 
to be paid to B. The draft is sent by mail to B, who calls 
at the bank and receives the money ; and the bank charges 
the amount to the Boston bank. 

§ 6. But how does the bank in Philadelphia get the money 
from the bank in Boston ? There are in Philadelphia busi¬ 
ness men who have occasion to remit money to Boston, and 
who pay their money into the Philadelphia bank, and take 
drafts on the bank at Boston. The banks at both places 
are constantly receiving money and drawing upon each 
other. Thus the transmission of millions of dollars may 
be performed every year through the banks, without any 
expense except the small charge of the banks for transact¬ 
ing the business : and a vast amount of_ travel, and the 
risk of loss by accident or robbery, which attends the con¬ 
veyance of money in person, are avoided. 

§ Y. A material part of the business of banks is to lend 
money. A person wishing to borrow money at a bank, 
makes a note for the sum wanted, which is signed by him¬ 
self, and indorsed by one or more others as sureties. For 
this note the cashier pays the money, usually in the bank’s 
own bills, retaining the interest on the sum so lent, instead 
of waiting to receive it when the note becomes due. This 
is called discounting a note. 

§ 8. Banks were formerly allowed to issue their own 
bills as money. A bank bill or note contained a promise 
to pay the bearer a certain sum on demand, and was 


Chap. XXIV.] 


STATE GOVERNMENTS. 


97 


signed by the president and cashier. It passed as money, 
because the bank was bound to pay it in specie, if it was 
demanded. Faying notes thus was called redeeming 
them. When a bank was unable to redeem all the bills 
it had issued, it was said to fail, or to be broken. In such 
case, the bill-holders suffered loss, unless some security 
had been provided. 

§ 9. For the security of bill-holders, the stockholders 
of banks were, in some states, made individually respon¬ 
sible for the redemption of their bills ; that is, their indi¬ 
vidual property was liable to be taken for that purpose. 
In a few states, safety funds were provided for redeem¬ 
ing the bills of broken banks. A yearly tax was levied 
upon the several banks of the state, until a sum had ac¬ 
cumulated which was deemed sufficient to meet all sup- 
posable failures. When this fund had been exhausted, 
it was replenished by renewed taxation. 

§ 10. The present system of banking, which extends 
throughout the whole country, grew out of the exigencies 
of the war, and was authorized by the statute of 1864, 
known as the “National Bank” Act. Under this law 
creating national banks throughout the states, the basis 
of business was made a deposit of United State bonds 
with the treasurer of the U. S., not less than $30,000 and 
not less than one-third of capital stock paid in. The 
total circulation was not to exceed $300,000,000, though 
subsequent exigencies made the additional issue of 
$129,000,000 necessary. The national bank notes were 
legalized at par, except for duties on imposts and inter¬ 
est on the public debt. Any person under the law could 
become a banker. The system, in spite of some grievous 
faults, has worked admirably, specially in view of its 
equalization of values throughout all the states, and the 
establishment of a uniform system based on the public 
credit of the United States. 

§ 11. Insurance companies also are authorized by la tv. 
Their business is to insure persons against loss by fire. 
The corporators, on being paid a small sum. The cor¬ 
porators, on being paid a small sum, agree to pay such 
amount if the property shall be destroyed by fire. There 
arc companies also for insuring ships and other vessels 
at sea ; and life insurance companies , that agree to pay, 


98 


CITIZEN’S MANUAL. 


[Chap. XXIV 


in case of the death of the person insured, a certain sum 
for the benefit of his family, or of some other person or 
persons named in the policy. 

§ 12. The profits to the stockholders of an insurance com¬ 
pany, consist of the excess of premiums received over the 
amount paid out for losses. Thus, if a company has issued 
2,000 policies, each covering property of an average amount 
of $1,000, the amount of risk is $2,000,000 ; and if the rate 
of insurance is one per cent., the amount received in premi¬ 
ums is $20,000. Hence, if none of the 2,000 buildings in¬ 
sured are burned within the year, this sum is gained. If 
ten of them should be burned, the gain would be $10,000 
less. If twenty should be destroyed, there would be no 
gain, but an actual loss to the amount of the necessary ex¬ 
penses of the concern, to be paid out of the capital stock of 
the company. 

§ 13. But from the average number of losses annually 
during a long course of years, companies are enabled so to 
fix the rates of insurance, as to secure to the stockholders 
a fair profit on their capital. The rates of insurance are 
not the same on all property ; a higher per centage being 
charged on that which is deemed hazardous ; that is, more 
exposed to fire, than is charged on that which is less ex¬ 
posed. The profits on the business of the company, are 
annually or semi-annually divided among the stockholders 
in proportion to the amount of their respective shares, and 
are called dividends. 

§ 14. There is another kind of insurance companies, 
which differ materially from the stock companies described 
in the preceding sections. They are called mutual insurance 
companies. They are so called because the members unite 
in insuring each other. Every person having his property 
insured by such a company, is a member of it. He has his 
buildings and the property in them valued ; and he pays a 
certain rate per cent, on such valuation. A fund is thus 
raised, out of which any member suffering loss by fire is 
paid the value of the property lost. Whenever the fund is 
exhausted, it is again supplied by a tax assessed upon the 
members in proportion to the value of each o ie’s property 
insured. 


*Jhap. XXV.] 


STAfE GOVETRNMENTS. 


91] 


CHAPTER XXV. 

JUDICIAL DEPARTMENT ; JUSTICES* COURTS. 

§ 1. In the preceding chapters it has been shown how 
the laws of the state are made, and how the government is 
administered ; and also what are the powers and duties of 
officers in the legislative and executive departments of the 
government. There is another class of officers, whose pow¬ 
ers and duties remain to be described, called judicial officers. 
Their business is to administer justice to the citizens ; and 
when sitting for that purpose, they are called a court. 

§ 2. It is the legislature of the state which determines 
what acts shall be deemed public offenses, and what shall 
be considered right and just between the citizens ; but to 
judge of and interpret the laws, and decide whether they 
have been violated, and- to determine the proper measure 
of justice, is, as has been observed, wisely committed to a 
separate and distinct department. (Chapter IX, § 8.) 

$ 3. A government without some power to decide dis¬ 
putes, to award justice to the citizens, and to punish crime, 
according to the laws of the state, would be incomplete. It 
would be improper to allow every man who thinks himself 
injured to be judge in his own case, and to redress his own 
wrongs. Justice is best secured to the citizens by estab¬ 
lishing courts for the redress of injuries, and for the punish¬ 
ment of crimes ; and that no injustice may be done to any 
member of the community, constitutions require, that in all 
cases of crime, however openly committed, the offender 
shall have a fair and impartial trial. 

§ 4. There are several courts in each state. Some are 
of a higher, others of a lower order : by which is meant, 
that some have greater jurisdiction than others. In speak¬ 
ing of the jurisdiction of a court, reference is had to its 
power to pronounce the law. The word jurisdiction is com¬ 
posed of two Latin words, jus , law, or juris of the law, 
and dictio, speaking ; hence juris dictio, a speaking or pro¬ 
nouncing of the law. The jurisdiction of a court -therefore 
means its power to determine questions in law. 


100 


CITIZEN’S MANUAL 


[Chap. XXV 


§ 5. Some courts have power only to try civil causes ; 
others have jurisdiction in causes both Civil and criminal. 
Some have jurisdiction in cases arising in any part of the 
state others only in cases arising within the county. As 
most suits at law are tried in justices’ courts, and as cases 
may be carried up from them to the higher courts, we will 
begin with the lowest and proceed to the highest. 

§ 6. Justices’ Courts. Justices of the peace are in most 
of the states elected by the people in the towns ; but their 
jurisdiction extends throughout the county. Justices of 
the peace usually have power only to try civil causes in 
which limited sums are claimed, and criminal causes in 
which the lowest offenses are charged. Causes are called 
civil, when money is claimed ; criminal when persons are 
tried for crime. Causes, actions, and suits, are words 
generally used to signify the same thing, meaning prose¬ 
cutions at law, or lawsuits. The party that sues is called 
■plaintiff; the party sued is the defendant. 

§ 7. Actions may be commenced by the parties going 
voluntarily before a justice ; but this is seldom done. 
They are generally commenced by compulsory process. 
Process sometimes means the whole course of proceedings 
in a suit, from the beginning to the end. It also denotes 
a particular stage of the proceedings, as the original or com¬ 
mencing process; the mesne (pronounced mean) process , inter¬ 
vening between the beginning and the determination of a 
suit ; and the final process , or process of execution. The 
word is applied to the written instruments issued by judi¬ 
cial officers to enforce proceedings at law. The process by 
which a suit is commenced, is a writ, or summons ; and the 
action is considered commenced, when the summons is de¬ 
livered to the constable. 

§ 8. A summons issued by a justice of the peace, is ad¬ 
dressed to a constable of the town, in some states to any 
constable of the county, commanding him to summon the 
defendant to appear before the justice on a day and at an 
hour specified, to answer the plaintiff in a suit, the nature 
of which is mentioned in the summons. If the defendant is 
found, the constable serves the summons by reading it; 
and if the defendant requests it, the constable must give 
him a copy of it. If he is not found, a copy must be left at 
his place of abode, with some one of the family of suitable 


Chap. XXV.J 


STATE GOVERNMENTS. 


101 


age. The constable returns the summons to the justice, at 
or before the time named for trial, with an indorsement on 
the back of it, stating the time it was served, and also 
whether personally served, or served by copy. 

$ 9. Either party may appear in person, or by attorney, a 
person appointed to answer and act for him. When parties 
have appeared and answered to their names, they make 
their pleadings ; that is, the plaintiff declares for what he 
brings his suit ; and the defendant declares the nature of 
what he has to offset against the plaintiff’s demand, or pleads 
payment, or denies the demand altogether. These acts of 
the parties are called joining issue. 

§ 10. The declaration of a party is not taken as evidence 
in his own favor in a court of justice : he can not establish 
a fact without witnesses. The justice, therefore, at the re¬ 
quest of either party, issues a subpena, which is a writ com¬ 
manding persons to appear and give evidence. Subpenas 
may be served by a constable or other person, who must 
pay, or tender to the witness, the legal fee for a day’s atten¬ 
dance, or the witness is not obliged to attend. 

§11. If a person duly subpenaed, whose testimony is 
material, does not appear, the justice may issue an attach¬ 
ment, commanding the constable to bring the witness before 
the court ; and the witness may be charged with the fees of 
the constable and justice, or fined in some other way, as the 
law provides, unless he shall show good cause for not at¬ 
tending. Also a witness who, without a reasonable excuse, 
does not appear, or appearing, refuses to testify, may be 
fined by the justice, and is liable to pay the damage sus¬ 
tained by the party in whose behalf he was subpenaed. 

§ 12. At the time of trial, the justice proceeds to try the 
issue. The witnesses are sworn to testify truly to what 
they know ; and after hearing the testimony on both sides, 
the justice decides according to law and equity, as the right 
of the case may appear. If a defendant does not appear at 
the time of trial, the justice may hear the proofs and allega¬ 
tions of the plaintiff, and determine the case according to 
what shall be made to appear by that party alone. If any¬ 
thing is'found to be due to either party, the justice enters 
judgment against the party indebted, for the amount due 
the other, with the costs of suit, which consist of the fees 
of the justice, constable and witnesses. If nothing is found 


102 CITIZEN’S MANUAL. |Chap.XXVL 

to be due tlie plaintiff, judgment is entered against him for 
the costs. 

§ 13. If at the time of joining issue, the parties, or either 
of them, for want of material witnesses, or for other suffi 
cient reasons, can not safely proceed to trial, the justice may 
adjourn the trial to a future day. 

§ 14. A plaintiff may discontinue or withdraw his action 
before judgment is rendered ; in which case the justice 
enters judgment of nonsuit , which means a stoppage of the 
suit. A plaintiff is also nonsuited for not appearing when 
his name is called in court at the time appointed for trial, 
or for some other default. In all cases of nonsuit, and also 
when a trial is had and no cause of action is found, judg¬ 
ment is rendered against the plaintiff for costs. 

§ 15. A debtor may avoid the expense of a lawsuit, by 
confessing judgment. The parties go before a justice, and 
the debtor acknowledges the claim of the creditor, and 
consents that the justice enter judgment accordingly. In 
some states, the confession and consent must be in writing, 
and signed by the debtor. The sum for which judgment 
may be confessed, is limited by law. 


CHAPTER XXVI. 

TRIAL BY JURIES ; COLLECTION OF JUDGMENTS ; APPEALS. 

§ 1. One of the most valuable privileges enjoyed by the 
people of this country, is the right of trial by jury. A jus¬ 
tice may be suspected of partiality or incompetency ; or it 
may sometimes be deemed unsafe to submit a cause to the 
judgment of a single individual who enjoys in a high degree 
the public confidence. Our constitutions therefore guar¬ 
anty to every citizen the privilege of having a jury to try 
a cause to which he is a party. 

§ 2. A jury is a number of men who sit on a trial, and 
are sworn to try a matter of fact, and to declare the truth 
according to evidence. This declaring of the truth is 
called verdict , which means a true saying. A jury in a jus* 





Chap. XXVI.J STATE GOVERNMENTS. 103 

lice’s court consists of six men, all of whom must agree in 
their verdict. 

§ 3. The manner of selecting the jurors is prescribed by 
law, and is not the same in all the states. After issue is 
joined, and before testimony is heard, either party may de¬ 
mand of the justice that the cause be tried by a jury. 
Whereupon the justice issues a venire , which is a writ or 
precept commanding a constable to summon such number 
of duly qualified men as the law directs, to appear before 
the justice to make a jury to try the cause between the 
parties named in the venire. As is the practice in some 
states, a greater number than six is summoned, and from 
that number the six are drawn who are to constitute the 
jury. In some states, freeholders only are lawfully quali¬ 
fied to serve as jurors. 

§ 4. After hearing the proofs and arguments on both 
sides, the jurors are put under the charge of a constable, 
who is sworn to keep them in some convenient place, with¬ 
out meat or drink, except such as the justice may order, 
till they agree on their verdict, or till discharged by the 
justice ; and not to allow any person to speak to them 
during such time, nor speak to them himself, except by 
order of the justice, unless to ask them whether they have 
agreed on their verdict. When they have so agreed, they 
return, and deliver the verdict, in open court, to the jus¬ 
tice, who enters judgment according to the finding of the 
jury. If the jurors do not all agree after having been out 
a reasonable time, they are discharged ; and a new venire 
is issued, unless the parties consent that the justice render 
judgment on the evidence. Persons summoned as jurors 
may be fined for not appearing, or for refusing to serve. 

§ 5. After a judgment has been rendered, the justice 
issues an execution , which is a writ commanding the consta¬ 
ble to collect the amount of the judgment, and, if necessary, 
to take and sell the goods and chattels of the debtor, and 
make returns to the justice within the time required. If 
the money can not be collected, the execution is returned 
as not satisfied. A justice of the peace can not issue an 
execution against real estate. If a constable, through neg¬ 
ligence, fails to collect a judgment as required by the exe¬ 
cution, or if he neglects to return the execution to the jus¬ 
tice within the time mentioned therein, the constable him- 


CITIZEN’S MANUAL. 


104 


[Chap. XXVI 


self and his sureties become liable to pay tne amount of 
the judgment. 

§ 6. There are certain articles of personal property which 
are exempt from execution, and which poor men are allowed 
to retain for the use and comfort of themselves and their 
families ; such as necessary household furniture, apparel, 
beds, and the tools or implements of trade. Besides reser¬ 
ving these articles of personal property, the law, in many 
states, exempts from execution a house and lot of limited 
value. The practice, once generally prevalent in this coun¬ 
try, of imprisoning debtors who were unable to satisfy exe¬ 
cutions, has been abolished, except for fines and penalties. 

§ t. The foregoing description of the proceedings of a 
justice’s court is that of a prosecution in ordinary cases. 
But there are other modes of prosecution in certain cases, 
one of which is by attachment. An attachment is a writ di¬ 
recting the property of a debtor to be taken, and kept till 
a trial can be had, and judgment obtained. This mode of 
proceeding is adopted when the plaintiff has reason to be¬ 
lieve that a debtor conceals himself to avoid being prose¬ 
cuted by summons, or is about to remove his property or 
himself from the county, or intends in some other way to 
defraud his creditors. 

§ 8. In case of an absent or concealed debtor, the con¬ 
stable, as is the common practice, leaves a copy of the 
attachment, with an inventory of the property attached, at 
the defendant’s last place of residence ; or, if he had none 
in the county, the copy and inventory are to be left with 
the person in whose possession the property is found. If 
the defendant does not appear on the day of trial, the plain¬ 
tiff may proceed to prove his demand, and take judgment. 
An execution is then issued against the property attached. 

§ 9. Appeals. If either party is dissatisfied with a judg¬ 
ment rendered in a justice’s court, he may have the cause 
removed to the county court. In some states, there are 
certain cases in which no appeal from a justice’s court is 
allowed. When the removal is made by appeal , the whole 
cause is removed ; the witnesses again give their testi¬ 
mony ; and the facts are submitted for a rehearing. When 
a cause is removed by a writ of wror, the witnesses are not 
required to attend the trial in a higher court. The sub¬ 
stance of the testimony and proceedings before the justice 


Chap. XXVII.] 


STATE GOVERNMENTS. 


105 


is produced before the court, and upon this the judges give 
judgment, as the right of the case may appear. If they 
decide the judgment of the lower court to be correct, they 
are said to affirm such judgment ; but if they find it wrong, 
they reverse it. 


CHAPTER XXVII. 

COURTS OTHER THAN JUSTICES’ COURTS. * 

§ 1. There is in every county a court, called county court, 
or court of common pleas, consisting of one or more judges, 
elected by the people of the county, in most of the states, 
ip others, appointed either by the legislature, or by the 
governor, with the advice and consent of the senate. In 
this court are tried civil causes in which are claimed sums 
of greater amount than a justice of the peace has jurisdic¬ 
tion of, and the lower crimes committed in the county. 
Also causes removed by appeal or otherwise from a justice’s 
court, are tried in this court. 

§ 2. There are other courts having different names and 
jurisdiction in different states ; as circuit court, superior 
court, supreme court, and court of appeals. A circuit court 
seems to derive its name thus : A state is divided into judi¬ 
cial districts, and one of the judges of the supreme court 
or some other judge or judges, go from county to county, 
holding a court once a year, or oftener, in each of the coun¬ 
ties composing a judicial district. A part of the business 
of this court is to try appeals from the county court, and 
such of the higher crimes as a county court has not the 
power to try. Courts in which crimes are tried, are some¬ 
times called courts of oyer and terminer. 

§ 3. Every county court, and every circuit court having 
similar jurisdiction, has a jury to try issues of fact, and a 
grand jury. An issue of fact is when the fact as to the 
indebtedness or the guilt of the party charged is to be 
determined from the testimony. It is so called to distin¬ 
guish it from an issue of law, in which the law in the 
case is to be determined, which is done by the court instead 
of a jury. This jury is usually called a petit jury, as distin- 
guished from a grand jury. 



CITIZEN’S MANUAL. 


[Chap. XXVII 


106 

§ 4. It is one of the excellencies of our government, that 
the liberty and lives of the people, as well as their pro¬ 
perty, are protected by a constitutional provision, securing 
to every person the right to be tried by a jury of his equals. 
As liberty and life are more valuable than property, they 
ought to be most carefully guarded. Hence the constitu¬ 
tion of the United States, and the constitutions of the sev¬ 
eral states, declare that no person shall be put upon trial 
for a capital or other infamous crime, without the previous 
judgment of a grand jury that he ought to be tried. 

§ 5. The manner of selecting and drawing grand and 
petit jurors, is prescribed by law. A number of judicious 
men in each town are selected by some person or persons 
authorized by law to do so, whose names are written od 
separate pieces of paper, and put into a box in each town, 
and kept by the town clerk ; or, as is the practice in some 
states, the names of the persons designated as jurors in the 
several towns, are sent to the county clerk and by him kept 
in a box. Previous to the sitting of each court, the requi¬ 
site number is drawn out of the box, and the persons whose 
names are thus drawn, are summoned to attend as jurors. 

§ 6. A jury to try a cause in these courts consists of 
twelve men ; and ail must agree in a verdict. The num¬ 
ber of grand jurors is not the same in all the states ; nor is 
It required that a grand jury shall always consist of a de¬ 
finite number of men ; nor that their judgment shall be 
unanimous, in order to put a person upon trial. 

§ 7. On the opening of the court, the jurors are sworn 
(o make a true presentment of all things given them in 
charge. The judge then gives them a charge, and appoints 
one of their number as foreman ; and the jurors retire to a 
private apartment to attend to their duties. They hear all 
complaints brought before them, against persons for crimes 
and breaches of the peace ; and examine witnesses who 
appear to testify ; and when it is requested, they have the 
assistance and advice of the state’s attorney. If they think 
any person complained of ought to be tried, they draw up 
a writing, in which they charge him with the offense of 
which they think him guilty. This is called an indictment. 
It is signed by the foreman, endorsed, Cl a true bill,” and 
carried by the jury into court. 

§ 8. If the person has not before been arrested, he may 


Chap. XXVII.j 


STATE GOVERNMENTS. 


107 


now be arrested, to be put upon trial. As all cr:mes are 
considered as committed against the peace and order of 
the community, the offender is complained of and tried in 
the name and in behalf of the people of the state, who are 
the prosecuting party. The prosecution is managed by 
the prosecuting attorney for the county, whose appoint¬ 
ment and general duties have been mentioned. (Chapter 
XVII, $ 11.) 

§ 9. The supreme court is the next higher, and in most 
states, the highest state court. This court differs somewhat 
in the different states, both in its structure and its jurisdic¬ 
tion. It is believed, however, that, in most or all of the 
states, it has both original and appellate jurisdiction, civil 
and criminal. By original jurisdiction is meant, that a suit 
may originate or commence in this court, or that it has the 
power to try a suit in the first instance. By appellate juris¬ 
diction is meant the right to adjudge cases brought before 
it by appeal from other courts. In the state of New York, 
there is a higher court, the highest in the state, which has 
appellate power only. Its business is to review cases from 
the supreme court. 

§ 10. A court of chancery is in its nature different from all 
other courts. It is sometimes called a court of equity , being 
designed to enable persons to obtain what is right and 
equitable, when they can not obtain the same in ordinary 
courts of law . In ordinary courts, a man is not allowed to be 
a witness for himself; but in this, the parties may be put 
on oath. In other courts, a person can not be compelled to 
fulfill a contract ; he can only be made to pay damage for 
default ; but in a court of equity, a man may, in certain 
cases, be compelled to fulfill the contract itself. 

§ 11. If a debtor has property held in trust for him by 
another ; or has money, notes, or other obligations or debts 
owing to him ; this court may compel him to discover and 
give up such property to satisfy an execution against him ; 
and it may prevent his debtors from paying him such debts. 
It has power also to restrain banks and other corporations 
and individuals from doing fraudulent acts ; t dissolve cor¬ 
porations ; to stop proceedings at law in certain cases ; and 
to do many other things of a like nature, by way of relief, 
when relief can n'ot otherwise be had. 

§ 12. Suits in equity are not commenced as suits at law 


108 


CITIZEN’S MANUAL. 


fChap XXVIII 


The plaintiff prepares a bill of complaint r called a bill in 
chancery, the facts in which are sworn to by the plaintiff. 
The bill, which contains a petition or prayer that the defend¬ 
ant, the party complained of, may be summoned to make 
answer on oath, is filed with the clerk of the court, who 
issues a subpena, commanding the defendant to appear 
before the court on a day named. A trial may be had on 
the complaint and answer alone ; or witnesses may be in¬ 
troduced by the parties. The case is argued by counsel, 
and a decree is pronounced by the court, which the court has 
power to carry into effect. 

§ 13. Courts of chancery, or courts of equity, separately 
organized as such, no longer exist in many of the states. 
The power to try suits in equity is exercised by the judges 
of the common law courts. 

§ 14. Court of Prohate. In each county there is a judge 
of probate, whose duties relate to the proving of wills, and 
the settling of the estates of persons deceased. A will is a 
writing in which a person gives directions for the disposal 
of his property after his death. The Latin word probatus 
means proof; hence the application of the word probate to 
the proving of a will. (See Wills and Testaments.) In the 
state of New York, this officer is called surrogate. 

§ 15. Court of Impeachment. There is no law court by 
this title. The name is applied to the senate when sitting 
on a trial of impeachment. An impeachment is a charge 
against a public officer for corrupt conduct in office. For 
example, a member of the legislature who should, for money, 
or some other consideration offered as a bribe, vote for or 
against a proposed law ; or any other officer who should 
act corruptly in his official capacity, would be liable to im¬ 
peachment. The constitutions of the several states, and 
the constitution of the United States, give to the house of 
representatives the power to impeach, that is, to make the 
charge or accusation, and to the senate the power to try the 
impeachment. This practice has come from Great Britain, 
where the impeachment is made by the house of commons, 
and the house of lords is the high court of impeachment. 

§ 16. The mode of commencing a trial of this kind, as 
prescribed by law, is as follows : The house of representa¬ 
tives makes the charge, and delivers it to*the president of 
the senate, who causes the court to be summoned. The 


Chap. XXVIII.] 


STATE GOVERNMENTS. 


109 


accused is then brought before the court to answer to the 
charge, and is entitled to counsel to assist him. When the 
issue is joined, the court appoints a time and place for trial. 
Before the trial commences, the clerk administers to the 
president of the senate, and the president to the other mem¬ 
bers, an oath truly to try and determine the charge accord¬ 
ing to evidence. The trial is conducted as trials are in 
courts of justice. If two-thirds of the members present 
concur in a conviction, the accused is convicted ; if not, he 
is acquitted. If the person is convicted, the court may re¬ 
move him from office, or disqualify him from holding any 
office thereafter, in the state, or both remove and disqualify 
him ; but no other judgment can be pronounced by this 
court. But if the act committed by the offender is a crime, 
he may also be indicted, tried, and punished in a court of 
common law, as any other person. 


CHAPTEE XXVIII. 

CRIMES AND MISDEMEANORS ; PROSECUTION OF OFFENDERS. 

§ 1. The statutes of each state define the crimes of which 
its laws take cognizance. The definitions given in this 
chapter, agree substantially, it is presumed, with those of 
similar crimes in every state in the union. The statutes 
also prescribe the penalties, which are not precisely the 
same in all the states. Nor is there in any state an equal 
measure of punishment inflicted in all cases for the same 
offense. The laws usually declare the longest and the 
shortest terms of imprisonment, and the highest and low¬ 
est fines, leaving the exact measure of punishment, except 
for crimes punishable by death, to the discretion of the 
judges, to be fixed according to the aggravation of the 
offense. 

§ 2. The laws of the several states differ in respect to 
the number of crimes made punishable by death. In some 
states the penalty of death is -annexed to the crime of mur- 
ier only. Treason is punishable by death ; but as this 



110 


CITIZEN’S MANUAL. 


[Chap XXVIII. 


offense is defined and made punishable by the laws of the 
United States, not all the states take cognizance of it. If 
committed in such states, it is tried in the courts of the 
United States. In New York, murder, treason, and arson 
in the first degree, are punishable by death. Few states 
make more than these crimes thus punishable. In two or 
three states, the penalty of death has been abolished, and 
imprisonment for life substituted. 

§ 3. Crimes punishable by death, are called capital crimes, 
and their punishment is called capital punishment. The 
word capital is from the Latin caput , which means head ; 
and so has come to signify the highest or principal. Hence, 
probably, the application of the word capital to the princi¬ 
pal crimes receiving the highest punishment, which was 
formerly practiced extensively in other countries by behead¬ 
ing or decapitating the criminals. 

§ 4. Treason is defined by statute to be, levying war in 
any state against the people of the state ; or a combination 
of two or more persons, attempting by force to usurp or 
overturn the government of the state ; or in adhering to 
enemies of the state while separately engaged in war with 
a foreign enemy, and giving them aid and comfort. 

§ 4. Murder is the killing of a person deliberately and 
maliciously, and with intent to effect death ; or killing a 
person in committing some other crime, though not with a 
design to effect death ; or in killing a person purposely and 
without previous deliberation. The less aggravated cases 
of murder, are in some states distinguished as murder in 
the second degree, and punished by imprisonment for a long 
term, or for life. 

§ 6. Manslaughter is killing a person either upon a sudden 
quarrel, or unintentionally while committing some unlaw¬ 
ful act. The statutes of New York define four different de¬ 
grees of manslaughter. 

§ 1. Arson is maliciousty burning any dwelling-house, 
shop, barn, or any other building, the property of another. 
Arson in the first degree, which is burning an inhabited 
dwelling in the night time, is in some states punishable with 
death. 

§ 8. Homicide signifies mankilling. It is of three kinds : 
felonious, justifiable, and excusable. When felonious, it is 
either murder or manslaughter. Justifiable homicide is that 


Chap. XXVIII.J 


STATE GOVERNMENTS. 


Ill 


which is committed in the necessary defense of one’s per¬ 
son, house, or goods, or of the person of another when in 
danger of injury ; or that which is committed in lawfully 
attempting to take a person for felony committed, or to 
suppress a riot, or to keep the peace. Excusable, homicide 
is the killing of a person by accident, or while lawfully em¬ 
ployed, without any design to do wrong. In the two last 
cases there is no punishment. 

§ 9. Intentionally maiming another by cutting out or dis¬ 
abling the tongue or any other member or limb ; inveigling 
or kidnapping; decoying and taking away children ; exposing 
children in the street to abandon them ; committing or at¬ 
tempting an assault with intent to kill, or to commit any 
other felony, or in resisting the execution of a legal pro¬ 
cess ; administering poison without producing death ; poison - 
ing any well or spring of water ; are all felonies, and pun¬ 
ishable as such. 

§ 10. Burglary is maliciously and forcibly breaking into 
and entering in the night time, any dwelling house or other 
building, with intent to commit a crime. Breaking into 
and entering a house by day, is considered a minor degree 
of burglary. 

§ 11. Forgery consists in falsely making, counterfeiting, 
or altering any instrument of writing, with intent to de¬ 
fraud. The word counterfeiting is generally applied to mak¬ 
ing false coin or bank notes, or in passing them ; or in 
having in possession any engraved plate, or bills unsigned, 
which are intended to be used for these purposes. 

§ 12. Robbery is the taking of personal property from 
another in his presence and against his will, by violence, 
or by putting him in fear of immediate injury to his person. 
Knowingly to send or deliver, or to make for the purpose 
of being sent, a letter or writing, threatening to accuse any 
one of crime, or to do him some injury, with intent to extort 
or gain from him any money or property, is considered an 
attempt to rob, for which the offender may be imprisoned. 

§ 13. Embezzlement is fraudulently putting to one’s own 
use what is entrusted to him by another. To buy or receive 
property knowing it to have been embezzled, is to be guilty 
of the same offense. Embezzling is usually punishable in 
the same manner as larceny of the same amount. 

§ 14. Larceny is theft or stealing. The stealing of prop- 


112 


CITIZEN’S MANUAL. 


[Chap. XXVIII. 


erty above a certain amount in value, is called grand larceny , 
and is a state prison offense. If the value of the property 
stolen is of less amount, the offense is called petit larceny , 
and is punished by fine or imprisonment in jail, or both. 

§ 15. Perjury is willfully swearing or affirming falsely 
to any material matter, upon an oath legally administered. 
Subornation of perjury is procuring another to swear falsely : 
punishable as perjury. 

• § 16. Bribery is promising or giving a reward to a public 
officer, to influence his opinion, vote or judgment. A person 
accepting such bribe, is punishable in the same manner, and 
forfeits his office, and, in some states, may never hold another 
public trust. This offense is not in all the states punish¬ 
able by imprisonment in the state prison. 

§ 17. Dueling is a combat between two persons with deadly 
weapons. Killing another in a duel is murder, and pun¬ 
ishable with death. If death does not ensue, imprisonment. 
Challenging, or accepting a challenge to fight, or to be 
present as a second, imprisonment. Dueling is not a pun¬ 
ishable offense in every state. 

§ 18. Aiding or attempting to aid a prisoner committed 
for felony, to escape from confinement , or forcibly rescuing a 
prisoner charged with crime, from the custody of a public 
officer, is a crime. If the offense for which the prisoner is 
committed is less than felony, the punishment is imprison¬ 
ment in jail, or fine, or both. 

§ 19. Bigamy is the crime of having two or more wives, 
and is also called polygamy. But bigamy literally signifies 
having two wives, and polygamy any number more than 
one. These words, in law, are applied also to women hav¬ 
ing two or more husbands. A person having a lawful hus¬ 
band or wife living, and marrying another person, is guilty 
of bigamy.' An unmarried person, also, who shall marry 
the husband or wife of another, is punishable in like manner. 

§ 20. Incest is the marrying or cohabiting together as 
husband and wife, of persons related to each other within 
certain degrees. 

§ 21. Opening a grave and removing a dead body for any 
unlawful purpose, or purchasing such body knowing it to 
have been unlawfully disinterred, is a crime. This offense 
is in some states punishable by imprisonment in a county 
jail, or by fine, and not in a state prison. 


'bap. XXVIII.] 


STATE GOVERNMENTS. 


113 


§ 22. Persons sometimes advise or are knowing to the 
;ommission of felonies but are not actually engaged in 
committing them. Such are accessories. He who advises or 
commands another to commit a felony, is called an accessory 
before the fad , and is punished in the same manner as the 
principal. If he conceals the offender after the offense has 
been committed, or gives him any aid to prevent his being 
brought to punishment, he is an accessory after the fact , and 
may be imprisoned or fined. 

§ 23. Assault and Battery is unlawfully to assault or 
threaten, or to strike or wound another. Besides, being lia¬ 
ble to fine and imprisonment, the offender is liable also to 
the party injured for damages. 

§ 24. A riot is the assembling together of three or more 
persons, with intent forcibly to injure the person or pro¬ 
perty of another, or to break the peace ; or agreeing with 
each other to do such unlawful act, and making any move¬ 
ment or preparation therefor, though lawfully assembled. 
When riotous persons are thus assembled, and are proceed¬ 
ing to commit offenses, any judge, justice, sheriff, or other 
ministerial officer, may in the name of the state, command 
them to disperse. If they refuse, the peace officers are re¬ 
quired to call upon all persons near to aid in taking the 
rioters into custody. Persons refusing to assist may be 
fined. 

§ 25. A sheriff or other officer voluntarily suffering a pris¬ 
oner charged with or convicted of an offense, to escape from 
his custody, is guilty of a misdemeanor. To rescue a pris¬ 
oner thus charged or convicted, is punishable in a similar 
manner. It is also a misdemeanor to assist a criminal, 
with a view to effect his escape, though he does not escape 
from jail. 

§ 26. A person taking upon himself to act as a public offi¬ 
cer, and taking or keeping a person in custody unlawfully 
or without authority, is false imprisonment; for which the 
offender may be fined or imprisoned. 

§ 27. The offpnses mentioned in the last four sections, 
being of a lower grade than those defined in the preceding 
sections, and net being punishable in a state prison, are 
usually called misdemeanors, and are punishable by fine or 
imprisonment in a county jail. There are numerous other 
misdemeanors and immoralities, as profane cursing and 


114 


CITIZEN’S MANUAL. 


[Chap. XXVIII 


swearing, betting and gaming, horse racing, disturbing 
religious meetings, sabbath-breaking, trespasses and injury 
to property, and many disorderly practices, all of which are 
punishable in like manner. 

§ 28. Any judge or justice of the peace has power to is¬ 
sue process for apprehending any person charged with an 
offense. When a complaint is made to a magistrate, he 
examines the complainant on oath, and any witnesses that 
are produced ; and if it appears that an offense has been 
committed, he issues a warrant, commanding the officer to 
whom it is directed to bring the accused before the magis¬ 
trate. 

§ 29. The magistrate first examines the complainant and 
witnesses in support of the prosecution ; and next the pris¬ 
oner, who is not on oath, and then his witnesses. If an 
offense has been committed, and the evidence of the pris¬ 
oner’s guilt is such as, in the opinion of the magistrate, to 
justify his being held to trial, the magistrate binds, by re¬ 
cognizance, the prosecutor and all material witnesses, to 
appear and testify against the prisoner, at the next court 
at which the prisoner may be indicted and tried. 

§ 30. In some states the magistrate himself has power to 
try persons thus charged with offenses of the lowest grade. 
In certain other states, it is left to the choice of the prisoner 
to be bound over for trial at the county court, or to be tried 
by the magistrate, and thus to have the matter at once dis¬ 
posed of. 

§31. If either the offender does not choose to be tried 
by the justice, or the justice has not power to try him ; and 
if the offense is one for which he may be let to bail, the 
magistrate may take bail for his appearance at the next 
court. But if no bail is offered, or if the offense is not bail¬ 
able, the prisoner is committed to jail until the next session 
of the court having power to try him. But he must be in. 
dieted by a grand jury before he can be tried. The reason 
why offenders are sometimes arrested and examined before 
their case is brought before a grand jury, is to prevent 
their escaping before the next county court, as grand juries 
sit only during the terms of courts. 

§ 32. The way in which bail is taken is this : the accused 
gives a bond in such sum as the jusf'ce or judge shall re¬ 
quire, with one or more sureties, who are bound for the ap 


xxix l 


GOVERNMENT OF TIIE TJ. STATES 


115 


pearance of the accused at the next court, or in case he 
shall not appear, then to pay the sum mentioned in the bond. 
The word bail is from a French word meaning to deliver, or 
to release. Hence, the justice bails, lets free, or delivers to 
his sureties, the party arrested. Hence, also, the surety is 
said to bail a person when he procures his liberation. The 
bond or obligation of the surety, is in law called a recogni¬ 
zance, as is also the bond given by the prosecutor and wit¬ 
nesses for their appearance against the prisoner. 


GOVERNMENT OF THE UNITED STATES. 


CHAPTER XXIX. 

NATURE OF THE UNION. 

§ 1. It has been attempted, in the foregoing chapters, to 
illustrate the principles of civil institutions, and to show the 
application of these principles to the government of the 
states. If the reader has carefully studied these chapters, 
it is presumed he now understands how the powers of the 
government of a state are divided ; by whom and in what 
manner these powers are exercised ; and what are his polit¬ 
ical rights and duties as a citizen of the state in which he 
resides. 

§ 2. It will be next in order to treat of the government 
of the United States. The youngest student in political 
science probably knows, that while he is a citizen of a state, 
and is subject to its government and laws, he is at the same 
time a citizen of the United States. And as he is subject 
also to the laws and government of the United States, it is 
necessary to understand his rights as a citizen under this 
government, and the relation which the state governments 
and the government of the United States bear to each other. 

§ 3. The government of this country is complicated. Not 
only is there a complete government in each of the states 
of the union, but the people of the several states are united 




116 


CITIZEN’S MANUAL. 


[Chap. XXIX 


in one general government , whose powers control, in certain 
matters, the people and the governments of the states. 
This government is similar, in form, to the state govern¬ 
ments, its powers being divided into legislative, executive 
and judicial ; and its constitution is called the “Constitu¬ 
tion of the United States.” The people of the states being 
incorporated into one great nation under a general consti¬ 
tution, this government is sometimes called the national gov¬ 
ernment. The several states being united in a confederacy , the 
government is also called the federal government; the word 
federal being derived from the Latin, foedus, and signifying 
a league, or contract, or alliance. 

§ 4. In order to a correct understanding of the nature of 
the general government, and of our relations to it as citi¬ 
zens of the United States, we must consider the condition 
of the American colonies while subject to Great Britain. 
The colonies had then no political connection with each 
other. They were as independent of each other as different 
nations. Therefore the people were not then citizens of the 
United States ; they were only citizens of the respective 
colonies in which they resided. 

§ 5. During the controversy with Great Britain, it became 
necessary for the colonies to agree upon some general mea¬ 
sures of defense. For this purpose, the first great conti¬ 
nental congress, composed of delegates from the several 
colonies, met at Philadelphia on the 4th of September, 1174 
The next year, in May, another congress met to propose 
and to adopt such further measures as the state of the coun¬ 
try might require ; and the same congress, on the 4th of 
July, 1776, declared the colonies to be “free and indepen¬ 
dent states.” 

§ 6. This declaration was called “ The unanimous Declara¬ 
tion of the United States of America but the states were 
united only in certain measures of safety. There was no 
government which exercised authority over the states. The 
people were subject to their respective state governments 
only. They were not yet incorporated into one nation for 
the purpose of government, as now, under a constitution. 
Hence, they were not yet properly citizens of the United 
States. 

§ 7. To effect the future security as w ell as the immediate 
safety of the American people, congress, deemed it necessary 


Ciap. XXIX.] GOVERNMENT OF THE U. STATES 


117 


that there should be a union of the states under some gen¬ 
eral government ; and in November, 1777, that body agreed 
upon a plan of union. The articles were called “ Articles 
of Confederation and perpetual Union between the States f 
and were to go into effect when adopted by the legislatures 
of all the states. Some of the states were slow to agree to 
the articles ; the last state not assenting to the plan until 
March 1, 1781, when the articles were adopted. 

§ 8. But the union formed under these articles of confed¬ 
eration, was not such a union as that which exists under 
the present constitution, as will appear by considering a few 
points of difference between them. In the first place they 
were different in form. The confederation was merely a 
union of states. It had not, as the national government now 
has, the three departments of power, legislative, executive 
and judicial. It had only a legislature, and that consisted 
of a single body, called congress ; in which the several 
states were entitled to an equal representation ; the num¬ 
ber of delegates from each state to consist of not less than 
two nor more than seven. 

§ 9. The nature of that union as a mere confederation of 
states, appears, further, from the manner in which questions 
were determined by congress. Votes were taken by states. 
If a majority of the delegates of any state voted in favor of 
a measure, that state was set down in the affirmative ; but 
if a majority voted against the measure, the state was placed 
in the negative. Thus each state gave but one vote ; and 
a question having in its favor a majority of the states, was 
declared to be carried. If an equal number of the delegates 
of a state voted for and against a proposition, such state 
was said to be divided, and had no vote. So also a state 
lost its vote, if there were not at least two of its delegates 
present and voting. 

§ 10. That government differed from the present also in 
regard to its powers. The confederation was a very weak 
government. Its powers were vested in a congress. The 
congress was to manage the common affairs of the nation, 
and to enact such laws (if laws they might be called) as 
should be deemed necessary ; but a main defect in the sys¬ 
tem was, that congress had no power to carry its requisi¬ 
tions into effect. 

§ 11. For example, it belonged to congress to ascertain 


118 


CITIZEN’S MANUAL. 


[Chap. XXIX. 


the number of men and the sums of money to be raised to 
carry on the war, and to call on each state to raise its due 
share ; but congress could not enforce the requisition. It 
had no power to lay and collect taxes ; it was dependent 
upon the states for raising the money to defray the public 
expenses. It could, and did, to some extent, borrow money 
in its own name, on the credit of the Union ; but it had not 
the means of repaying the money so borrowed. The power 
being reserved to the states to lay the taxes, it depended 
upon the good will of the legislatures of the thirteen inde¬ 
pendent states to carry any measure of defense into effect. 
Indeed, by none of the states had the requisitions of con¬ 
gress been fully complied with. 

§ 12. It may be asked how a union of the states could 
exist under so weak a government. But for the peculiar 
condition of the country at that time, it is doubted whether 
there would have been a sufficient compliance with the or¬ 
dinances of congress to bring the war to a successful issue, 
which could be done only by union. It was a sense of dan¬ 
ger from abroad, rather than any power in the government, 
that kept the states united. The plan of government was 
devised in a time of war, and had respect to the operations 
pf war, rather than to a state of peace : and after the return 
of peace the inefficiency of this government very soon 
appeared. 

§ 13. The condition of the states may be compared to that 
of individuals who unite in averting a common danger, or 
in pursuing a common interest, but whose union and friend¬ 
ship last only until the desired object has been attained. 
The war being over, the states did not long continue in 
harmony. Laws were enacted in some states giving their 
own citizens undue advantages over the citizens of other 
states ; and in a few years, the mutual jealousies and ani¬ 
mosities caused by these and other acts of partial legisla¬ 
tion, became such as threatened to break up the union. 

§ 14. It was now evident, that, to preserve the union, a 
government possessing more extensive powers was neces¬ 
sary ; a government that could, in all needful cases, con¬ 
trol the action of the state governments. After several in¬ 
effectual attempts to remedy some of the existing evils, 
congress, having been thereto requested, c alled a conven¬ 
tion to revise and amend the articles of confederation All 


Chap XXX.] GOVERNMENT OF THE U. STATES. 


119 


the states, except Rhode Island, chose delegates, who met at 
Philadelphia in May, 1787, and framed the present consti¬ 
tution, which differs from the confederation, both in its 
form, or nature, and in the extent of its powers. 

§ 15. The change effected in the nature of the federal 
government by the constitution, appears not only from the 
dissimilarity of the two plans, but also from the different 
modes in which they were formed and adopted, or the dif¬ 
ferent authorities by which these acts were done. The arti¬ 
cles of confederation were framed by congress, and ratified 
by the state legislatures. Hence, the adoption of these 
articles was the act of the legislatures of the states, and not 
of the people of the states ; and the confederation was a union 
of states , rather than a union of the people of the states. 

§ 16. The constitution, on the other hand, was framed by 
men appointed expressly for that purpose, and submitted 
for approval, not to the state legislatures, but to the people 
of the states, and adopted by state conventions whose mem¬ 
bers were chosen for that purpose by the people of the several 
states. Hence, the constitution is virtually the act of the 
people ; and the union is not a mere confederation of states, 
but, as the preamble declares, “a more perfect union/* 
formed by “ the people of the United States.” 


CHAPTER XXX. 

HISTORY OF THE CONSTITUTION. 

§ 1. The brief description, in the preceding chapter, of 
the character of the confederation, designed merely to sho\* 
the necessity of a change in the federal government, and 
to convey a general idea of the nature of the union, is 
deemed insufficient to prepare the political student for the 
successful study of the constitution. Therefore, before we 
proceed to the examination of the several provisions of that 
instrument, a more detailed history will be given of the 
practical workings of the confederation, and of the various - 
efforts to relieve the country which terminated in the adop> 
tion of the constitution. 



120 


CITIZEN’S MANUAL. 


[Chap. XXX. 


§ 2. Tl.e absence of all power in congress to raise money 
for public purposes, as one of the principal defects of Ihe 
old government, has been mentioned. Congress was unable 
to enforce the collection of a revenue, either by direct taxa¬ 
tion, or by duties on imported goods. Resolutions had at 
different times been passed by congress, recommending to 
the states to invest congress with the power to levy duties 
upon foreign goods imported into any of the states ; but 
neither this nor any other plan proposed by that body for 
raising funds to support the war or pay the public debt, 
received the concurrence of all the states. 

§ 3. Another serious defect of the confederation was the 
want of power to regulate commerce. We have noticed 
the restrictions imposed by Great Britain upon the trade of 
the colonies prior to the revolution. (Chap. X. § 8-10.) 
The restrictive policy of that country was designed not only 
to secure a market for her manufactures and other produc¬ 
tions, but also to increase her shipping. By her memorable 
navigation acts of 1651 and 166-3, it was ordained, that 
“no commodity of the growth or manufacture of Europe, 
should be imported into any of the king’s plantations in 
Asia, Africa, or America, but what had been shipped in Eng¬ 
land, Wales, or the town Berwick, and in English built ship¬ 
ping, whereof the master and three-fourths of the mariners 
were English, and carried directly thence to the plantations.” 

4. After the return of peace and the consequent revival 
of trade between the two countries, the effects of the une¬ 
qual footing upon which our commerce was placed, by the 
laws of Great Britain, soon reappeared. Although the rigor 
of her ancient policy had been in some measure abated, 
both our goods and our vessels were subject to onerous du¬ 
ties in British ports, while congress had no power to meet 
the legislation of Great Britain with similar restrictions 
upon her commerce. The attention of congress having 
been called to this subject, a resolution was passed, (April 
30, 1184,) requesting the states to invest congress, for fif¬ 
teen years, with the power to prohibit the importation or 
exportation of goods in vessels belonging to, or navigated 
by, the subjects of any foreign pow T er with whom the states 
had not formed treaties of commerce ; and also to prohibit 
f veigners, unless authorized by treaty, from importing into 
t « United States any goods except such as were the pro* 


Chap. XXX.] GOVERNMENT OF THE U. STATES 


121 


duce of the country of which they were citizens , all acts 
of congress passed in pursuance of these powers to take 
effect when approved by nine states. 

§ 5. Considerable time necessarily elapsed before reports 
from the several states were received by congress. From 
the report of a committee of congress, (March 3, 1186,) it 
appears that acts complying either fully or partially with 
the recommendation of congress, had been received from 
ten states. But some of these acts were so dissimilar in 
some of their provisions, and others were so inconsistent 
with the recommendations of congress, that they were not 
deemed compliances. Congress therefore called again upon 
the three non-complying states to grant the powers desired, 
and requested those other states (six) whose acts were de¬ 
fective, to conform them to the recommendation. Acts 
were at length received from all the states ; but some of 
them were still imperfect, and their amendment was again 
requested. 

§ 6. While these efforts were in progress, and with a 
view to the same object, a proposition was made in con¬ 
gress to submit to the states an alteration of one of the 
articles of confederation, conferring upon congress the 
power “ of regulating the trade of the states with foreign 
nations and with each other, and of levying such imposts 
and duties upon imports and exports as might be necessary 
for the purpose ; the duties to be collected under the au¬ 
thority, and to accrue to the use of the states in which 
they were payable.” But congress deeming it advisable 
that amendments of the confederation should originate with 
the state legislatures, the proposition was not submitted to 
the states for ratification. 

§ 7. In the same year, (Nov. 1785,) a resolution was In¬ 
troduced into the house of delegates of Virginia, instruct¬ 
ing its delegates in congress to propose a recommendation 
to the states to invest congress with the power to regulate 
trade. A resolution to this effect was favorably received, 
and once passed that house. It w r as afterward reconsidered 
for the purpose of amendment, but no vote upon its passage 
was again taken. Subsequently, however (Jan. 1786,) the 
general assembly of that state adopted a resolution appoint¬ 
ing commissioners to meet commissioners to be appointed 
by the other states, to take into consideration the situation 




122 


CITIZEN’S MANUAL. 


(Chap. XXX 


and trade of the United States, and the necessity of a uni¬ 
form system of commercial regulations ; and to report to 
the several states such an act as, when ratified by them, 
would enable congress effectually to provide for this object. 

§ 8. A meeting was accordingly held at Annapolis, in 
Maryland, September 11, 1786 ; but as only five states, 
New York, New Jersey, Pennsylvania, Delaware, and Vir¬ 
ginia, were represented, the commissioners deemed it unad- 
visable to proceed to business relating to an object in which 
all the states were so deeply concerned ; but they united 
in a report to the several states and to congress, recom¬ 
mending a general meeting of the states in a future con¬ 
vention to be held at Philadelphia on the second Monday 
of May next, and expressing the opinion that, as there were 
numerous acknowledged defects in the system of federal 
government, the powers of the deputies should be extended 
to other objects than those of commerce, with a view “ to 
render the constitution of the federal government adequate 
to the exigencies of the union.” 

§ 9. In pursuance of this recommendation, the subject 
was taken up in congress ; and on the 21st of February, 
1787, a committee reported in favor of a convention. The 
report, after some amendment, was agreed to, as follows : 

“ Whereas there is provision in the Articles of Confedera¬ 
tion and perpetual Union for making alterations therein, by 
the assent of the United States and of the legislatures of 
the several states ; and whereas experience hath evinced 
that there are defects in the Confederation ; as a mean to 
remedy which, several of the states, and particularly the 
state of New York, by express instructions to their delegates 
in congress, have suggested a convention for the purposes 
expressed in the following resolution ; and such convention 
appearing to be the most probable mean of establishing in 
these states a firm national government: 

“Resolved, That, in the opinion of Congress, it is expedient 
that, on the second Monday in May next, a convention of 
delegates who shall have been appointed by the several 
states, be held at Philadelphia, for the sole and exclusive 
purpose of revising the Articles of Confederation, and report¬ 
ing to Congress and the several legislatures such alterations 
and provisions therein as shall, when agreed to in Congress,, 
and confirmed by the states, render the Constitution ade 


Chap. XXX.] STATE GOVERNMENT 123 

quate to the exigencies of government and the preservation 
of the Union.” 

§ 10. Several of the states, namely, Virginia, North Caro¬ 
lina, New Jersey, Pennsylvania, and New York, had al¬ 
ready, in compliance with the recommendation from An¬ 
napolis, taken action upon the subject. The act of Virginia 
was passed November 24, 1786, and her deputies were ap¬ 
pointed the 4th of December. New Jersey appointed a 
portion of her delegates as early as the 23d of November. 
The recommendation of congress was followed by acts of 
appointment in all the other states except Rhode Island ; 
and the delegates met pursuant to appointment, on Monday 
the 14th of September, 1787. The convention, however, 
was not organized until the 25th, that being the first day 
upon which a representation of a majority of the states ap¬ 
peared. 

§ 11. A few days only had elapsed, when a great differ¬ 
ence of opinion was found to exist among the members. 
Two plans of government, embodying the leading features 
of the present constitution, were submitted, and a resolu¬ 
tion offered, declaring “ that a national government ought to 
be established, consisting of a supreme legislative, judici¬ 
ary, and executive.” This resolution was opposed by mem¬ 
bers, who not only objected to such a government, but de¬ 
nied the power of the convention to change the general 
plan of the existing government; the convention having 
been called, as expressed in the resolution of congress, 
“ for the sole and express purpose of revising the articles 
of confederation and that the acts of the several state 
legislatures for the appointment of delegates were in con¬ 
formity to that resolution. 

§ 12. To these objections it was replied, that the powers 
of the convention were not thus restricted ; that the con¬ 
vention was expressly authorized, by the resolution of con¬ 
gress referred to, to report such alterations, as should “ ren¬ 
der the federal constitution adequate to the exigencies of 
the government and the preservation of the Union ;” and that 
this object could not be effected by the mere alteration of 
a few of the articles of confederation. The convention, it 
was further said, could conclude nothing , as no proposed al¬ 
terations could have effect unless confirmed by the states ; 
but it could pojpose any thing which the “ exigencies of the 


124 


CIIIZEN’S MANUAL. 


Jhap. XXXI. 


Union” were supposed to demand. After considerable de- 
bate, the resolution was adopted ; and one of the plans 
previously presented for consideration of the convention, 
was taken as the basis, of its action in the proposed new 
government. 

§ 13. But, although the present government, with its three 
complete departments, legislative, executive, and judicial, 
controlling, in matters of general concern, the action of the 
state governments, and operating directly upon individual 
citizens, is properly called a national government; yet it 
is not wholly such, but partly national and partly federal. 
As in all pure confederacies, the states had an equal voice in 
the government. Some of the federal features of the con¬ 
federation have been retained in the constitution, as will 
appear on a further examination of that instrument. Hence, 
the union is still called, with propriety, the federal union , 
and the government, the federal government. 


CHAPTER XXXI. 

LEGISLATIVE DEPARTMENT.—HOUSE OF REPRESENTATIVES. 

§ 1. All the legislative powers granted in the constitu- 
+ ion, are “ rested in a congress of the United States, consisting 
of a senate and house of representatives? (Art. 1, sec. 1.) We 
have elsewhere mentioned, as an object of dividing a legis¬ 
lature into two branches, to guard against the passage of ill- 
considered and unjust laws. (Chap. XY, § 15.) Whatever 
reasons there may be for dividing a state legislature into 
two distinct and independent branches, apply with equal 
force to the structure of the legislature of the union. The 
check given to each house upon the acts of the other is ne¬ 
cessary, not only to guard against unintentional errors, but 
against the influence of private interest upon the conduct of 
representatives. The danger of unwise and corrupt legis¬ 
lation is greatly diminished by giving to the two branches 
a negative upon each other’s proceedings. 

§ 2. The house of representatives is composed of members 
chosen every second year by the people of the several states ; 



Chap XXXI.] 


STATE GOVERNMENTS. 


125 


and the electors in each state have the qualifications requi¬ 
site for electors of the most numerous branch of the state 
legislature. (Art. 1. sec. 2.) Under the confederation, 
delegates were appointed for one year, and were at any 
time subject to recall by the state legislature. Elections 
so frequent, especially elections by the people, would bring 
together a great number of men without the requisite ex¬ 
perience in national business. Measures originated at one 
session would often be determined by new members un¬ 
aided in their decisions by the light of previous investiga¬ 
tion. Wise legislation is best secured by a term of office 
which will enable the same set of men to mature and finish 
the business they have begun. Hence two years was con¬ 
sidered a proper term for a national representative. 

§ 3. The convention readily acceded to the proposition to 
transfer the choice of representatives from the state legis¬ 
latures to the people. It is proper that a representative 
should derive his power from those whose wants he is to 
make known, and whose rights he is to guard. 

§ 4. In determining the qualifications of the electors of re¬ 
presentatives, regard was had to the supposed preferences 
of the states. In some of them, property, or the payment 
of taxes, was made a qualification. In others, none but 
freeholders were voters. In others, the senate and gover¬ 
nor were elected by freeholders, while in the election of the 
other house freemen generally were allowed to vote. In 
others, again, the right of suffrage was almost universal. 
It was presumed that no state would object to a rule which 
it had established, or might thereafter establish, for elect¬ 
ing the popular branch of its own legislature. 

§ 5. A representative, to be eligible, must have attained 
the age of twenty-five years, and been seven years a citizen 
of the United States ; and he must be, when elected, an in¬ 
habitant of the state in which he is chosen. (Art. 1, sec. 
2.) Few men at an earlier age than twenty-five years, 
have that knowledge of public affairs, or that degree of cau¬ 
tion and prudence, which is requisite in the exercise of so 
important a trust. Aliens can hardly be supposed to feel 
that attachment to our institutions, and that regard for the 
public interest, which are felt by our own citizens. A re¬ 
sidence for a less period than seven years after they shall 
have become citizens, could hardly enable them to acquire 


12G 


CITIZEN’S MANUAL. 


[Chap. XXXI 


sufficient knowledge of our government and of the various 
interests of the country, to fit them for the duties of legis¬ 
lators. For equally wise reasons is a representative re¬ 
quired to be an inhabitant of the state he is chosen to re¬ 
present. The business of a state is more safely intrusted 
to a representative whose residence in the state has made 
him more familiar with its interests, and who must himself 
be affected by the measures he may support. 

§ 6. The next clause of the constitution prescribes the 
rule of apportionment. No part of the labors of the con¬ 
vention was more difficult than the settling of the principle 
of representation. It was proposed in the plan under con¬ 
sideration, that the vote of each state should be in propor¬ 
tion to its quota of contribution to the general revenue, or 
to the number of its free inhabitants, as the one or the other 
might seem best in different cases. To this the smaller 
states objected. One of the states, (Delaware,) had express¬ 
ly instructed her delegates not to surrender the right of an 
equal vote in congress. A proportional representation, or 
unequal suffrage, it was said, would give the large states 
undue influence. A combination of three or four such states 
would enable them to enact whatever laws they pleased, 
however oppressive to the others. Not only so ; they could 
even control the appointment of the president, the judges, 
and other officers of the government. 

§ t. It was urged, on the other hand, that there was no 
similarity of interests which would be likely to unite the 
larger states against the small ones ; that there was quite 
as much danger of combinations of the smaller states, or of 
some of them with one or more of the larger states ; and 
that the number of small states (small in population) would 
soon be increased by the admission of new states formed 
from the western territory. Union was indispensable to the 
welfare and safety of all. Especially did the small states 
need the protection of the federal government. But no 
other than a radical change, similar to the one proposed, 
could preserve the union ; and it was evident that the con¬ 
vention would agree to no plan which should retain the 
right of the small states to an equal vote in the legislature. 

§ 8. The difficulty of an arrangement was increased by 
the- proposition to exclude slaves from the representative 
population. Although slavery existed in most of the 


Chap. XXXI. | GOVERNMENT OF THE U. STATES. 


127 


northern as well as in the southern states, the number of 
slaves in the former was comparatively inconsiderable. 
These states, therefore, very naturally favored the proposed 
exclusion of slaves. The slaveholding states strenuously 
insisted on their being included in the basis of representa¬ 
tion. The debate was warm and protracted. Indeed, so 
inflamed did the controversy become, and so unyielding 
were the parties, as to cause fears of a sudden dissolution 
of the convention. 

§ 9. Against the computation of slaves in fixing the rule 
of apportionment, it was urged, that slaves, having neither 
personal liberty, nor property, nor being permitted to ac¬ 
quire property, but being themselves property, and, like 
other property, at the will of the master, they ought not to 
be counted. They were not represented in the states ; why 
should they be represented in the general government ? If 
they were men, let them be made citizens and voters. If 
they were property, why should the property of the free 
states be excluded ? Besides, the admission of slaves : ^to 
the representation would indirectly encourage the slave 
trade, which was a violation of the most sacred laws of 
humanity. 

§ 10. There being no hope of settling this exciting ques¬ 
tion but by compromise, it was at length agreed that, in 
ascertaining the number of the representative population, 
three-fifths of the number of slaves should be added to the 
number of free persons ; that is to say, every five slaves 
should be counted as three free persons. The advantage to 
the slaveholding states of this arrangement is clearly shown 
by the following example : Suppose a state to contain 600, 
000 free persons and 500,000 slaves. Adding three-fifths of 
the number of slaves (800,000) to the number of free per¬ 
sons, gives 900,000 as the number of the representative 
population : and the state would be entitled to three repre¬ 
sentatives for every two that a state would have which con¬ 
tained 600,000 free inhabitants and no slaves. 

§ 11. In return for this advantage, the slaveholding states 
consented that, in the apportionment of direct taxes among 
the states, the same rule should be observed : so that a 
state gaining every third representative by the computation 
of its slaves, as in the case supposed, (§ 10,) would, in 
cases of direct taxation, contribute to the national treasury 


128 


CITIZEN’S MANUAL. 


[Chap. XXXL 


three dollars for every two which it would pay if its slaves 
were not counted. But this expected advantage was not 
realized by the non-slaveholding states, as the treasury of 
the United States has always been supplied by the reve¬ 
nues derived from other sources, chiefly by duties on 
imports. Since the abolition of slavery and the adoption 
of the constitutional amendments growing therefrom, of 
course the above has been entirely abrogated in accord¬ 
ance therewith. 

§ 12. The constitution does not limit the house to any 
definite number of representatives. It only declares that 
the number shall not exceed one for every 30,000 inhabit¬ 
ants. It requires an enumeration of the inhabitants every 
ten years and a new apportionment. But as a represent¬ 
ative for every 30,000 inhabitants, after the population has 
become very numerous, would make the house too large to 
transact business with equal dispatch, the ratio of repre¬ 
sentation has been increased with the increase of popula¬ 
tion. After the census taken in 1790, the ratio was fixed 
at 33,000, which gave the house 106 members. After the 
census of 1800, the same ratio made the number of members 
142. After 1810, the ratio was 35,000 ; the number of 
members, 182. After 1820, the ratio was 40,000 ; the num¬ 
ber of members, 213. After 1830, the ratio was 47,700 ; 
the number of members, 240. After 1840, the ratio was 
70,680 ; the number of members, 223. After 1850, the 
ratio was 93,000 and a fraction, making the number of 
members, 233. Subsequent to this Oregon, Kansas, West 
Virginia, Nevada, and Nebraska were admitted into the 
federal union, Kansas and W. Virginia having 3 members 
each, the others 1. The basis of apportionment after 
1860 was one representative to 115,000 ; after 1870, one 
to 138,000. The present number of members is 292. 

§ 13. Representatives are chosen by districts. Each 
state is divided by the legislature into as many districts, 
called congressional districts, as there are representatives 
to be elected in the state ; and one representative is chosen 
in each district. In most of the states, representatives are 
chosen at the general state election. In some of them, there 
are special elections for choosing representatives. 

§ 14. The constitution secures to the smallest states a 


Chap. XXXII.] GOVERNMENT OF THE U. STATES. 


129 


representation in the house of representatives. It declares 
that each state shall have at least one representative. 
Without such a provision, and with a ratio large enough to 
keep the house within a proper size, the smallest states 
might be deprived of a representation in this branch. By 
an act of congress, every territory also, belonging to the 
United States, in which a government is established, is en¬ 
titled to a delegate, who has the right of debating, but not 
of voting. 


CHAPTER XXXII. 

THE SENATE. 

§ 1. The senate of the United States is composed of two 
tors from each state , chosen by the legislature for six years; and 
each senator has one vote. (Art. 1, sec. 3.) The divish-a of 
the legislature into two branches was decided at an early 
period of the session, and apparently without serious op¬ 
position : but as to the structure of the senate, there u as a 
great diversity of opinion. For the election of senators, 
several modes were proposed. One proposition was, that 
the members of the second branch should be elected by 
those of the first, out of a proper number of persons nomi 
nated by the individual legislatures ; another, that they 
should be chosen by the state legislatures ; anotner, by the 
people of each state, in districts ; another, by a body of 
electors chosen for that purpose by the people ; and another 
still, that they should be appointed by the executive magis¬ 
trate out of a proper number of persons nominated by the 
individual legislatures. The last two modes, however, 
seem to have found no favor beyond their respective movers. 

§ 2. The election of senators by the state legislatures 
appears to have been agreed to without much difficulty. 
It was proposed by those who thought it expedient to as¬ 
similate our national legislature, as nearly as might be, to 
that of England, by placing the election of one branch one 
remove from the direct choice of the people. It was ao- 



130 


CITIZEN’S MANUAL. 


[Chap. XXXII. 


ceptable also to those who were desirous of preserving 
state distinction in the general government. In one 
branch the people would be represented individually , in the 
other collectively. 

§ 3. We notice also the term of office of senators. As 
has been observed, one object of a second branch is to pro¬ 
vide a check upon the popular or democratic branch ; and 
with a view to the greater efficacy of this check, not oidy 
was the election of senators given to the state legislatures 
but the senate was made a more durable body than the 
other. In the principle of a permanent senate, the conven¬ 
tion was nearly unanimous ; but as to the precise duration 
of the term of service, there were many different opinions. 
Terms of four, five, six, seven, and nine years were propos¬ 
ed, and even a term during good behavior, which is vir« 
tually for life. 

§ 4. One object of a permanent senate is independence. 
A representative who may be soon displaced by a new 
election, is more likely to be swayed in the discharge of his 
official duties, by a desire to secure a reelection, than one 
who holds his office more securely. The longer the term, 
the more independent, it is presumed, will be his action. 
A durable senate also secures greater stability in the gov¬ 
ernment. Frequent changes of legislatures are generally 
attended with corresponding changes in the laws. A fluc¬ 
tuating policy is an evil to be avoided. For instance, what 
man would hazard his capital in a business which might 
be suddenly prostrated by a change in legislation ? Popu¬ 
lar excitements are incident to democratic governments, and 
are often encouraged by demagogues in hope of political 
gain ; and under these impulses the people may call for 
measures which afterward they would themselves be most 
ready to lament and condemn. As a safeguard against 
these excesses of democracy, a long term was adopted. 

§ 5. On the other hand, a very long term, it was appre¬ 
hended, might render that body too independent. Firmly 
seated in power, senators might become regardless of 
the wishes and interests of their constituents. Hence, the 
medium term of six years was supposed to be long enough 
to give due stability to the law-making power of the gov¬ 
ernment, and yet short enough to insure a proper sense of 
responsibility on the part of the members of this body. 


Chap. XXXII.J GOVERNMENT OF THE U. STATES. 


131 


§ 6. We notice next the principle of representation in 
the senate. This was involved in the general question of 
the rule of apportionment which was the subject of the ex¬ 
cited controversy mentioned in the preceding chapter. The 
advocates of the proposed national government contended for 
a proportional representation in both branches ; the ad¬ 
herents to the confederation strenuously insisted on equal 
suffrage in both. As on the question of slave representa¬ 
tion, so on this, a compromise was the only means of effect¬ 
ing an agreement ; and the convention finally agreed to 
die proposition, that in the first branch there should be a 
proportional representation, and that in the second the states 
should be equally represented. Thus was effected what 
may be called the second great compromise of the consti¬ 
tution. 

§ 7. It will be perceived, however, that, although the 
states are equally represented in the senate, the vote in this 
body is not taken in the same manner as it was under the 
confederation, namely, by states. The proposition, as at 
first offered, provided that each state should have one vote ; 
but it was so modified that, instead of voting by states, the 
members should vote per capita , each senator having one vote. 

§ 8. There is a manifest propriety in having the seats of 
one-third of the senators vacated every two years. The re¬ 
newal of the entire body at once might be attended by too 
sudden a change of public measures ; or it might place a 
salutary change of policy for too long a period beyond the 
power of the people. A wise and politic measure enacted 
near the close of the term of one senate, might be unex¬ 
pectedly repealed or materially modified by their succes¬ 
sors ; or the operation of a bad law passed at the com¬ 
mencement of a senatorial term, might be prolonged for 
six years. The present arrangement enables the people to 
prepare for any anticipated changes in legislation, and 
leaves at all times in the senate a majority of experienced 
members, acquainted with the unfinished business of pre¬ 
vious sessions, and with public affairs generally. 

§ 9. That the interests of a state may suffer no injury 
from the want of a full representation in the senate of the 
United States, vacancies that happen during the recess of 
the state legislature, may be filled by the executive ot 
such state, until the next meeting of the legislature. An 


132 


CITIZEN’S MANUAL. 


t Chap. XXXII 


appointment, however, may not be made Deiore the vacan¬ 
cy actually happens, The term of James Lanman, a sen¬ 
ator in congress from the state of Connecticut, expired with 
the session which closed on the 3d of March, 1825, at a 
time when the legislature of that state was not in session. 
As it was necessary for the senate to reassemble on the 
4th of March, to act on the nominations of the newly elect¬ 
ed president, and as the legislature had failed to appoint a 
successor to Mr. Lanman, the governor, in order to prevent 
a vacancy, reappointed that senator a few days before the 
expiration of his term. It was decided by the senate, that, 
as no vacancy had happened when the appointment was 
made, Mr. Lanman was not entitled to a seat. 

§ 10. A person to be eligible to the office of senator, must 
have attained to the age of thirty-five years, and been nine 
years a citizen of the United States ; and he must be when 
elected, an inhabitant of the state for which he is chosen. 
(Art. 1, sec. 3.) The propriety of these qualifications of 
age and citizenship has been considered. (Chapter XXXI, 
§ 5.) In fixing the qualifications of senators, it was deem¬ 
ed proper to require greater age and experience, and a long¬ 
er term of citizenship, than in the case of representatives ; 
and to increase the independence of this body, and perhaps 
also to infuse into it some degree of the aristocratic princi¬ 
ple, by making it the representative of wealth, it was pro¬ 
posed to superadd the property qualification. A majority, 
however, appear to have been opposed to such restriction 
upon the eligibility of a candidate for any office in the gen¬ 
eral government. 

§ ll.^The remainder of this section, and most of the four 
tmcceeding sections, so nearly resemble those of a similar 
nature in state constitutions ; and the propriety of the other 
portions of these sections is so readily perceived, tha* 
no particular notice of them is deemed necessary. 

§ 12. The powers and the regulations of the two houses in 
relation to impeachments, the election of officers, the elec¬ 
tions and qualifications of members, adjournments, rules of 
proceeding, punishment of members, &c., described in this 
first article of the constitution, are nearly the same as are 
provided by the constitutions of the several states for the 
government and practice of their respective legislatures. 

$ 13. The 7 th section «f the 1st article of ^ constitu 


Chap. XXXIII., GOVERNMENT OF THE U. STATES. 


133 


tion provides for the passage of bills negatived by the presi¬ 
dent. Bills returned by him with his objections become 
laws when passed by majorities of two-thirds of both 
houses. They also become laws if not returned by him 
within ten days (Sundays excepted) after they have been 
presented to him, unless their return is prevented by the ad¬ 
journment of congress. 


CHAPTER XXXIII. 

POWERS OF CONGRESS.—TAXATION, AND BORROWING 
MONEY. 

§ 1. Having seen how the legislative department of the 
general government is constituted, we proceed to the con¬ 
sideration of its powers. Liberty can be secure only where 
the rights of the people and the powers of the government 
are clearly defined and well understood ; since, without this 
knowledge, the people are incapable of keeping the govern¬ 
ment within the limits of its constitutional powers. 

§ 2. In respect to the origin and extent of the powers of 
the state governments and the general government, there 
is an important difference. The general government derives 
its powers from the states, or the people of the states , and can 
exercise such powers only as the people have delegated to it 
by the constitution ; whereas, the states', originally possess¬ 
ing entire sovereignty, may exercise all powers which they 
have not surrendered to the general government. That is 
to say, the national government is limited to the powers 
granted ; the power of the state governments is unlimited , 
except so far as they have parted with any of their original 
powers. 

§ 3. Most of the important powers of the government of 
the United States are vested in congress, and are expressed 
in the 8th section of the 1st article of the constitution. 
Perhaps the want of none of these powers was so sensibly 
felt under the confederation, as the first three here men¬ 
tioned : and it is probably for this reason that they were 



134 


CITIZEN’S MANUAL 


[Chap. XXXIIJ 


placed at the beginning of the list. The first of these iu, 
the power “to lay and collect taxes, duties, imposts and excises 
the objects of which power are declared to be, “to pay the 
debts, find provide for the common defense and general welfare of 
the United States .” 

§ 4. Congress had been obliged to borrow large sums of 
money to defray the expenses of the war. Several millions 
were borrowed from France and Holland. But congress 
had no power, as has been observed, to raise money by 
taxation. The government could not pay its debts, nor 
support itself. But by the power here given, it may raise 
money to any amount necessary for the objects stated in 
the constitution, either by direct taxation ; that is, by laying 
the tax directly on the property of the citizens ; or by indi¬ 
rect taxation, which is by duties, imposts, and excises. 

§ 5. Duties or customs, and imposts, have nearly the same 
meaning. The last, however, are properly taxes on goods 
imported only ; the first apply to taxes on goods exported as 
well as on those imported. But as our government does 
not impose duties on exports, these three words practically 
signify the same thing. But excise has no reference at all 
to the exportation or importation of goods ; it is a tax laid 
upon an article manufactured, sold or consumed, within the 
country. Such, for example, is the duty paid by keepers 
of taverns and groceries for the privilege of selling liquors. 

§ 6. The power of taxation is qualified by the provision, 
that “ all duties shall be uniform throughout the United 
States.” This is necessary to prevent the giving of unjust 
preferences to any one or more states over others. With¬ 
out this restriction upon the exercise of this power, a few 
states might, by a combination of their representatives in 
congress, secure to themselves undue advantages in certain 
branches of trade and business. 

§ 1. Notwithstanding congress has power to raise money 
by taxation in several ways, it has seldom been found 
necessary to exercise it in any other way than by laying 
duties on foreign goods, and on the vessels in which they 
were imparted. How effectual this mode of taxation has 
been will appear from the following facts : At the close of 
the revolutionary war, the national debt amounted to 
$4£,000,000, on which congress could not so much as pay 
the interest. Two yo f >,**3 ,fter the constitution went into 


Chap. XXXIV.] GOVERNMENT OF THE U. STATES. 


135 


effect, the debt had risen to $75,000,000 ; in 1804, to 
$86,000,000. From that time it gradually diminished until 
the commencement of the late war, in 1812, when it was 
reduced to $45,000,000. By that war, the debt was again 
increased, being, in 1816, $127,000,000. 

§ 8. The raising of so large a sum, by a direct tax, would 
have been very oppressive. Wherefore congress exercised 
its power of taxation almost exclusively in laying duties 
on imports ; and from the revenue thus raised, not only 
have the yearly expenses of the government been defrayed, 
but this vast national debt has long since been paid, leav¬ 
ing in the treasury a large surplus of more than thirty mil¬ 
lions of dollars, which, by an act of congress in 1836, was 
apportioned among the several states, to be kept and used 
by the states until called for by congress. Probably the 
return of the money will never be demanded. 

§ 9. Equally necessary is the power next mentioned, “/<* 
borrow money on the credit of the United States” Large sums 
of money are sometimes wanted to pay a debt before they 
can be raised from the revenues or regular income of the 
nation ; and sometimes immediately, as in case of war. In 
such case, congress must either tax the people, or borrow 
the money. But who would lend the government, if it had 
not the means of paying ? Hence we see the utility of both 
these powers. Capitalists now have confidence in the credit 
of the government; because, if other means of fulfilling its 
engagements are insufficient, it has power to raise the monev 
by direct taxation. 


CHAPTER XXXIV. 

POWER OF CONGRESS, IN RELATION TO COMMERCE. 

§ 1. The power “ to regulate commerce with foreign nations” 
which is next in the list, seems to be in a measure connect¬ 
ed with the first, “ to lay duties” It will be remembered that, 
before the war of the revolution, the colonies were depen¬ 
dent on Great Britain for manufactured goods. (See Chap. 



136 


CITIZEN’S MANUAL. 


[Chap. XXXIV 


X.) By that war, the direct trade with that country wag 
interrupted. But when peace was restored, our markets 
were again open to British goods ; while upon American 
produce and American vessels entering British ports, heavy 
duties were levied. Thus was the trade of the two coun¬ 
tries placed on an unequal footing. We wanted English 
goods, but England would not take the produce of our labor 
in exchange without subjecting it to heavy duties. 

§ 2. Some explanation may be necessary to enable young 
persons to understand the objects and unequal operation of 
this measure of British policy. One object was to secure a 
market at home for the products of agricultural labor. To 
show how this is done by taxing foreign products, let us 
suppose the cost of raising a bushel of wheat in England to 
be one dollar, and the cost of producing it here and trans¬ 
porting it to that market to be the same. If now a duty of 
40 cents a bushel is laid by Great Britain upon foreign 
wheat, the English consumer, instead of buying it with this 
duty added, will buy of the English producer. But the. 
American farmer has wheat for which he must find a mar¬ 
ket abroad ; and in order to sell it in the English market, 
he must pay 40 cents on every bushel to the British govern¬ 
ment ; or, which is the same thing, he must sell it for so 
much less than its value to the British purchaser, who pay? 
the duty to that government. 

§ 3. The people of this country being nearly all employed 
at that time in agriculture, and consequently dependent upon 
foreign markets for the sale of the surplus products of their 
labor, they were compelled to submit to these duties. As 
the result of this system, the consumers in Great Britain 
obtained their supplies partly at home and partly from 
abroad ; and the British government thus accomplished the 
two-fold object of encouraging and rewarding agricultural 
labor at home, and of drawing a large revenue into its 
treasury by taxing the same kind of labor in this country. 

§ 4. Not possessing the means at that time of manufac¬ 
turing to any considerable extent, the country was flooded 
with goods from Great Britain, for which our citizens must 
either pay in money, or in produce heavily burdened with 
duties. Hence, some measures for regulating foreign trade 
became necessary. But congress had not the power to reg¬ 
ulate commerce ; the power belonged to the states. The 


ip XXX ZV.J GOVERNMENT OF THE U. STATES 


13? 


6 \tes, acling separately, could not effect the object desired ; 
ana they were unable to agree upon any general system of 
measures. A history of the attempts which were made to 
remedy the evils complained of, and which resulted in the 
formation of the constitution, in which the power to regu¬ 
late commerce was inserted, has been given. (Chap. XXX .) 

§ 5. It has just been remarked, that the two powers “ to 
lay duties” and “ to regulate commerce” seem to have a 
conneciion. Indeed, the former has been used to carry into 
effect tne latter. One of the means by which it was in¬ 
tended io legulate our foreign trade, was the laying of du¬ 
ties upon ioreign goods, with a view to check the excessive 
importation ot them, and to encourage and aid our own 
citizens in supplying the deficiency by manufacturing for 
themselves. 

§ 6. That the powei to lay duties was intended to be used 
for this purpose, appeals from its immediate exercise by 
congress. The first law, except one, passed under the pre¬ 
sent constitution, authorized ‘ duties to be laid on goods, 
wares and merchandises imported,” and for purposes, one 
of which was declared to be, “ tfte encouragement and pro¬ 
tection of domestic manufactures.” It was by such regula¬ 
tions of her foreign trade that England had strengthened 
her manufacturing interests, and acquired such advantages 
over other nations ; and it was intended, by the adoption 
of a similar policy, to render this country less dependent 
upon others. 

§ 1. It may be proper, however, here to observe, that, for 
many years, congress did not find it necessary to exercise 
this power to a very great extent. Soon after the consti¬ 
tution went into effect, the principal nations of Europe be¬ 
came engaged in war, in which England also was involved. 
A large portion of the population of those countries having 
been withdrawn from agricultural pursuits to serve in the 
armies, a foreign demand was created for the productions 
of our soil ; and our people were enabled to supply them¬ 
selves at less disadvantage with manufactures from abroad. 

§ 8. But after peace had been restored in Europe, and 
people had returned tc their wonted employment, the prin¬ 
cipal foreign demand for our breadstuffs ceased ; and the 
severe effects of large importations of goods began again 
to be experienced. Congress now deeming it necessary to 


13* 


CITIZEN’S MANUAL. 


[Chap. XXXIV 


exercise, to a greater extent, its power to regulate trade, 
by discouraging importations and encouraging domestic 
manufactures, commenced an effective system of protection, 
in the year 1816. Although duties were imposed upon many 
articles, the great interest encouraged by the act of that 
year, was the manufacture of cotton goods, especially those 
of the coarser kinds. 

§ 9. Since that period, laws have from time to time been 
passed, extending the like favor to the manufacture of iron 
and iron wares, woolen, and a great variety of other goods. 
Manufacturing is now carried on very extensively in this 
country ; our citizens being supplied in great part—with 
some articles almost exclusively—by our own manufacturers. 
A large portion of the people having thus been drawn into 
manufacturing and mechanical employments, and become 
consumers instead of producers of agricultural products, a 
market has been created at home demanding more of the 
grain, meat, and other products of agricultural labor, than 
is usually required to supply all foreign demand. 

§ 10. Congress has power also 11 to regulate commerce among 
the several states” Without this power, each state might 
adopt regulations favorable to its own citizens, and injuri¬ 
ous to those of other states. This was actually done under 
the confederation ; and to restore and preserve harmony, 
and to secure equal justice to the citizens of all the states, 
which could be done only by one uniform system for the 
whole, this power was given to the general government. 

§11. Under the power to regulate commerce, congress 
has also made navigation laws —laws relating to the shipping 
of the nation. The want of a power in congress to retaliate 
the navigation acts of Great Britain, has been mentioned. 
Since the adoption of the constitution, congress has at dif¬ 
ferent times laid discriminating tonnage duties. An act of 
this kind was passed by the first congress, imposing a duty 
of fifty cents a ton upon foreign vessels, and upon American 
vessels six cents a ton. Laws have from time to time been 
passed, modifying these duties as circumstances and the 
regulations of other nations required, until they have become 
unnecessary. 

' § 12. Laws, however, still exist, requiring vessels to be 
measured to ascertain their tonnage, and prescribing the 
manner in which they are enrolled or registered and licensed, 


Chap. XXXV J GOVERNMENT OF T1IE U. STATES. 


139 


and in which they are to enter and leave ports, the duties 
of masters of vessels, what papers they are to cany, &c. 
The laws also prescribe regulations for collecting the reve¬ 
nue arising from foreign commerce. There is in every port 
of entry a collector of customs , who superintends the collection 
of duties. When a vessel arrives, it is submitted, with the 
cargo, and all papers and invoices, to the inspection of the 
proper officers ; and the goods subject to duty are weighed 
or measured, and the duties estimated according to law. 

§ 13. On some articles a specific duty is charged, which 
is a duty of a certain amount on a pound, yard, or gallon ; 
as, two cents on a pound of iron, or fifty cents on a yard of 
cloth. Others are charged with an ad valorem duty, which 
is a duty according to the value, being a certain percentage 
on the value of an article ; as forty per cent, on what costs 
one dollar would be forty cents ; or thirty per cent, on one 
hundred dollars would be thirty dollars. 

§ 14. Our foreign commerce has become very extensive, 
and the revenue derived from it is large. The average 
value of the goods imported during the six last years, end¬ 
ing June 30, 1857, is $600,000,000. The average amount 
of duties collected on the same, is about $145,000,000. 
The duties on imports, and the proceeds of the sales of 
public lands, which have averaged during the same time, 
$1,400,000 annually, constitute nearly the whole revenue, 
from which are paid the salaries of officers and other ex¬ 
penses of the general government. 


CHAPTER XXXY. 

POWERS OF CONGRESS IN RELATION TO NATURALIZATION, 
BANKRUPTCY, MONEY, COPY-RIGHTS AND PATENTS. 

§ 1. Another power given to congress, is the power “ to 
establish a uniform rule of naturalization” It has already 
been stated, that foreigners, or aliens, are not entitled to 
the privileges of citizens till they become naturalized. 
Before the constitution was adopted, every state established 



140 


CITIZEN’S MANTA I, 


[Chap. XXXV 


its own rules for naturalizing foreigners. But as a person, 
on being made a citizen in any state, becomes a citizen of 
the United States, it is evident that there should be but one 
rule of naturalization. 

§ 2. An alien must have lived in the United States five 
years before he can become a citizen. Two years before he 
is admitted as a citizen, he must declare, on oath, in writing, 
before a proper court, that he intends to become a citizen 
of the United States, and to renounce his allegiance to his 
former government; and he must declare, on oath, that he 
will support the constitution of the United States. Then, 
two years thereafter, the court if satisfied as to his moral 
character and his attachment to the constitution, may admit 
him as a citizen. 

§ 3. On his being naturalized, a man’s minor children, if 
dwelling in the United States, also become citizens. If a 
man has lived at least three years in the United States be¬ 
fore he becomes of age, he may, at the expiration of the five 
years’ residence, be admitted by the court, without having 
previously made a declaration of his intention to become a 
citizen. 

§ 4. In the same clause is given the power to establish 
u uniform laws on the subject of bankruptcies throughout the United 
States .” A bankrupt is an insolvent debtor, that is, a person 
unable to pay all his just debts. A bankrupt law is a law 
which, upon an insolvent’s surrendering all his property to 
his creditors, discharges him from the payment of his debts. 
Such laws, by securing to honest and unfortunate debtors 
the enjoyment of their future earnings, encourage them to 
engage anew in their industrial pursuits. And as such 
laws, if judiciously framed, compel a full surrender of the 
debtor’s property, they do not operate to the injury of his 
creditors. This humane provision of the constitution will 
be the more favorably regarded, when it is considered that 
debtors were formerly liable to an indefinite term of impris¬ 
onment for their debts. But however beneficent to the un¬ 
fortunate poor, these laws have afforded to dishonest and 
fraudulent debtors the means of procuring a release from 
their obligations. 

§ 5. The power to pass bankrupt laws was intended to 
remedy the inconvenience of the dissimilar and conflicting 
laws of the different states. And yet until within a very 


Chap. XXXV.] GOVERNMENT OF THE U. STATES. 


141 


few years there was no existing law on the subject. Laws 
were at different times enacted down to 1841. But all 
were repealed soon after enactment. The present law 
passed in 1867 has had the longest existence. 

§ 6. The absence of uniform and general bankrupt laws 
brought into question the constitutionality of state in¬ 
solvent laws, as the constitution prohibits the states from 
passing laws impairing the obligation of contracts. The 
present bankrupt law provides for voluntary bankruptcy 
on bankrupt’s petition, or involuntary bankruptcy on ap¬ 
plication of one-fourth of the creditors representing one- 
third of the liabilities, where an act of bankruptcy has 
been committed. The statute provides the causes of 
forced bankruptcy. These are absence with intent to 
defraud ; concealment to avoid service process; fraudu¬ 
lent assignments ; imprisonment for twenty days on con¬ 
tract of 100 dollars ; and in case of a banker, broker, or 
merchant, suspension of payment and failure to resume 
in forty days. An involuntary bankrupt may be dis¬ 
charged without any further obligation of payment. The 
voluntary bankrupt, however, must pay thirty cents on 
the dollar and have consent of the majority of his credi¬ 
tors as represented in the liabilities. 

§ 7. The question once arose, could there be a discharge 
from the payment of a debt, without impairing the obliga¬ 
tion of a contract ? It had been held that the obligation 
of a contract made after the law was passed, was not im¬ 
paired in the meaning of the constitution, because the par¬ 
ties had reference to the laws existing when the contract 
was made. But it was questioned whether the discharge 
of a debtor from even such a contract could be constitm 
tionally authorized. 

§ 8. The power u to coin money and regulate the value thereof” 
is properly given to congress. Formerly the system of 
reckoning was by pounds, shillings, and pence ; the value 
of which was different in different states. For instance, in 
the New England states, six shillings made a dollar, in New 
York eight, in Pennsylvania seven shillings and sixpence. 
This rendered dealing between the people of different states 
highly inconvenient. The present decimal mode of calcu¬ 
lation, by dollars and cents, established by congress, tog€' 


142 CITIZEN’S MANUAL, [Chap. XXXV 

tber with the use of decimal coins, has removed the former 
inconvenience. 

§ 9. Money is coined at the mints. The principal mint 
in the United States, and the first that was established in 
this country, is at Philadelphia. The business of coining 
is under the superintendence of a director. The principal 
persons employed under him are a treasurer, an assayer, a 
chief coiner, an engraver, and a melter and refiner. The 
gold and silver, before it is coined, is called bullion. Indivi¬ 
duals, as well as the government, may get money coined at 
the mint. There are also branch mints in New Orleans, at 
Charlotte, in North Carolina, at Dahlonega in Georgia, in 
California, and in the city of New York. In the last named 
place, gold is assayed, but not coined. 

§ 10. Congress has also the power “to fix the standard of 
weights and measures 77 The facility and convenience of com¬ 
mercial intercourse between the states requires that there 
should be a uniform standard of weights and measures. 
The object of this power, however, has never been carried 
into elfect by congress. Each state fixes its own standard ; 
but the standards of the different states, it is presumed, 
very nearly agree. 

§ 11. The power next mentioned is “ to provide for the pun • 
ishment of counterfeiting the securities and current coin of thk 
United States.” By “ securities” here are meant bonds and 
other written evidences of debt. It is manifestly proper 
that, as the general government has the power to borrow 
money and to coin money, it should also have power to pro¬ 
vide for punishing those who forge its written obligations 
for the payment of the money borrowed, and who counter¬ 
feit its coin. Hence, these offenses are tried in courts ol 
the United States. 

§ 12. Congress has power “to establish post-offices and post- 
roads, 7 ’ The post-office department, from the facilities which 
it affords for the circulation of intelligence and the trans¬ 
action of business, is an institution of incalculable value 
to the people of the union. It is impossible to conceive all 
the difficulties which would attend the exercise of this power 
by the different states. A uniform system of regulations 
is indispensable to the efficiency of this department, and 
could be secured only by placing the power in the hands of 
congress. 


Chap. XXXV. J GOVERNMENT OF THE U. STATES. 


143 


§ 13. Another power of congress is, “ to promote the pro 
gress of science and useful arts, by securing, for limited times, to 
authors and inventors, the exclusive right to their respective writ¬ 
ings and discoveries” Useful arts and sciences are much aid¬ 
ed by new inventions or discoveries, and by new books. 
But if every man had the privilege of printing and selling 
every book or writing, there would be little encouragement 
to men of ability to spend, as is often done, years of labor 
in preparing new works for the public. Nor would men of 
genius be likely to spend their time and money in invent¬ 
ing and constructing expensive machinery, if others had 
the same right as the inventors to make and sell the same. 
Congress has therefore enacted laws for the benefit of au¬ 
thors and inventors. 

§ 14. The exclusive right of an author to the benefits of 
the printing and sale of his books or writings, is called copy¬ 
right, and is obtained thus : The author sends a printed 
copy of the title of his book to the librarian of con¬ 
gress at Washington. The librarian records the title 
in a book, for which he receives fifty cents, and gives 
the author a certificate, for which also he receives fifty 
cents. 

§ 15. The author must also, within ten days after the 
publication of the work, deliver two copies in the best 
binding to the librarian of the same. And he must 
cause to be printed on the title page or page imme¬ 
diately following, of every copy of the book, words 
showing that the law has been complied with. (See 
the 2d page of this book). This secures to the au¬ 
thor the sole right to print and sell his work for 
twenty-eight years ; at the expiration of which time, he 
may have his right continued for fourteen years longer, by 
again complying with the requirements of the law as be¬ 
fore, provided it be done within six months before the ex¬ 
piration of the first term, and a copy of the record publish¬ 
ed in a newspaper for the space of four weeks. 

§ 16. If an author disposes of his interest in his work be¬ 
fore a copy-right is secured, the person becoming the pro¬ 
prietor of the work procures the copy-right in his own name. 
A proprietor or owner of a copy-right may at any time 
sell and assign his right to another person; in which case 


144 CITIZEN’S MANUAL. [Chap. XXXVI 

the assignment is to be recorded in the office whence the 
copy-right was issued. 

§ 17. Patents for new inventions are obtained at the pa¬ 
tent office at the seat of government, which office is con¬ 
nected with the department of the interior. (See Chap. 
XLI, § 4.) The commissioner of patents superintends 
the granting of patents, under the direction of the secretary 
of the interior. To secure an exclusive right to an inven¬ 
tion, the inventor must deliver to the commissioner of pa¬ 
tents a written description of his invention, and specify the 
improvement which he claims as his own discovery ; and 
he must swear that he believes he is the true discoverer 
thereof. 

§ 18. Before the petition of an inventor is considered, he 
must pay the sum of thirty dollars. If the commissioner, 
upon examination, does not find that the invention had been 
before discovered, he issues a patent therefor. Patents are 
granted for the term of fourteen years, and may be renewed 
for a further term of seven years, if the inventor has hot 
been able to obtain a reasonable profit from his invention. 


CHAPTER XXXVI. 

POWERS OF CONGRESS, IN RELATION TO PIRACY AND 
OFFENSES AGAINST THE LAW OF NATIONS, WAR, MARQUE 
AND REPRISAL, ARMY AND NAVY, DISTRICT OF COLUMBIA ; 
IMPLIED POWERS. 

§ 1. Congress has power “ to define and punish piracies and 
felonies committed on the high seas , and offenses against the law of 
nations.” Piracy is commonly defined to be forcible robbery 
or depredation upon the high seas. But the term felony was 
not exactly defined by the laws of England ; and its mean¬ 
ing was various in the different states ; being sometimes 
applied to capital offenses only ; at others, to all crimes 
above misdemeanor. For the sake of uniformity, the power 
to define these offenses is given to congress : and as no 
state has jurisdiction beyond its own limits, it is proper 



Chap. XXXVI.] GOVERNMENT OF THE U. STATES. I 45 

that congress should have the power to punish, as well as 
define, crimes committed on the high seas. 

§ 2. Nor are offenses against the law of nations more 
clearly defined : therefore the power to define these are with 
equal propriety given to congress. As our citizens are re¬ 
garded by foreign nations as citizens of the United States, 
and not as citizens of the states ; and as the general gov¬ 
ernment alone is responsible to foreign nations for injuries 
committed on the high seas by citizens of the United States, 
the power is granted to congress. 

§ 3. The power " to declare war” is properly given to con¬ 
gress. It would be dangerous to allow a single state to 
make war ; and to depend on the state governments to pro¬ 
vide the means of prosecuting a war, had already been 
found to be unsafe. And as the people of all the states be¬ 
come involved in the calamity and expense of a war, the 
power to declare war ought to belong to the representatives 
of the nation. 

§ 4. Congress has also the power “ to issue letters of marque 
and reprisal .” Marque means passing the frontier or 
limits of a country ; reprisal , taking in return. Letters of 
marque and reprisal give to persons injured by citizens of 
another nation, the liberty to seize the bodies or goods of 
any of the citizens of such nation, and detain them until sat¬ 
isfaction shall be made. It is not clear that such license 
ought ever to be given. Although it is designed to enable 
citizens of one country to obtain redress for injuries commit¬ 
ted by those of another, without a resort to war, its tenden¬ 
cy is to provoke rather than prevent war. Besides, it does 
mot appear just to seize and detain the bodies or goods of 
unoffending persons. If the power to grant such license is 
ever to be exercised, it is properly vested in congress. 

§ 5. If congress has the power to declare war, it follows 
that it should have command of the land and naval forces, 
and all other means of national defense ; for without this, 
the power to declare war would be nugatory. The com¬ 
mand of the militia is necessary also to insure the execution 
of the laws and to suppress insurrections. It became ne¬ 
cessary soon after the government was organized under the 
constitution, to call out a military force to quell an insur¬ 
rection in the western part of Pennsylvania, which had risen 
to resist the execution of a law of congress imposing a& 


146 


CITIZEN’S MANUAL. 


[Chap. XXXVI. 


excise duty cn domestic distilled spirits. In pursuance of 
the power to provide for calling forth the militia for such 
purposes, congress has authorized the president to raise such 
force as he shall at any time deem necessary. 

§ 6. Congress has power “ to exercise exclusive legislation 
over such district (not exceeding ten miles square) as may, by 
cession of particular states , become the seat of government .” The 
“ ten miles square,” as appears from the language of the 
clause, was not yet in possession of the national govern¬ 
ment : but it was in contemplation, by the states of Mary¬ 
land and Yirgina, to cede it to the United States for the 
purpose mentioned. As it is the property of the nation, it 
is proper that it should be under the exclusive control of the 
general government. It is called the District of Columbia. 
That part of it which was ceded by Virginia, was in 1846 
retroceded by congress to that state. Like authority is 
exercised by congress over all places acquired “ for the erec¬ 
tion of forts, magazines , arsenals , dock-yards , and, other needful 
buildings .” The public safety evidently requires that these 
places should be subject to no other legislation than that of 
congress, p. 212. 

§ 1. The power last mentioned in this section is the power 
“ to make all laws necessary and proper for carrying into execur 
tion the foregoing and all other powers vested ” in the general gov¬ 
ernment and its officers. As it was impossible to enumerate 
every particular power which congress might find it neces¬ 
sary to exercise, certain powers were expressly granted ; 
to which was added this general grant of power to pass 
laws for carrying those certain powers into effect. 

§ 8. It is the opinion of some eminent statesmen, that 
the powers of congress are not enlarged by this clause ; 
that the power therein granted is necessarily implied in, and 
incidental to, the powers expressly granted. For example : 
The power to construct break-waters and light-houses, and 
to remove obstructions from navigable rivers, is included in 
the power “ to regulate commerce and congress might 
make such improvements without an express grant. So 
also the power “ to establish posboffices,” implies the power 
to punish the robbery of the mail. It is the doctrine of the 
most eminent expounders of the constitution, “ that wherever 
the end is required, the means are authorized ; wherever a 
general power to do a thing is given, every particular power 
for doing it is included.” 


Chap. XXXVII.] GOVERNMENT OF THE U. STATES. 


147 


§ 9. The express grant, however, of the pc wer under con¬ 
sideration, was deemed useful in order to prevent any doubts 
which might be raised upon the subject. Time and experi¬ 
ence have proved its utility. Many important measures 
have been enacted by congress, which, but for this clause, 
would have been defeated by doubts as to their constitu¬ 
tionality. Under the confederation, congress could exercise 
no powers but such as were “ expressly delegated.” This 
stringent provision was at times attended with great incon¬ 
venience, and prevented the adoption of effectual measures 
of relief ; and the embarrassments to the action of congress 
which it had occasioned, had probably no small influence in 
procuring the insertion of this declaratory clause, to avoid 
the scruples of those who might deny to congress all powers 
not expressly granted. Several other important powers are 
in other parts of the constitution conferred upon congress, 
which will be hereafter considered. 


CHAPTER XXXVII. 

POWERS PROHIBITED TO CONGRESS. 

§ 1. While the constitution grants to the general gov¬ 
ernment all powers deemed necessary to be exercised for 
the general welfare, it imposes upon congress certain im¬ 
portant restrictions, most of which are contained in the 9th 
section of the 1st article of the constitution. The prohibi¬ 
tion first mentioned is in these words: “The migration or impor¬ 
tation of such persons as any of the states , now existing, shall think 
•proper to admit, shall not be prohibited by the congress prior to 
the year one thousand eight hundred and eight ; but a tax 
or duty may be imposed on such importation, not exceeding ten 
dollars for each person.” 

§ 2. This provision, which was intended to reserve to the 
states, for the time specified, the right to import slaves, 
was the subject of much debate in the convention of framers ; 
and has ever since been the fruitful occasion of popular 
discussion. It has ever been a cause of wonder and regret 
to many of the American people, that this inhuman traffic 



148 


CITIZEN’S MANUAL. 


("Chap XXXVII 


sh juld have been permitted by the constitution, even for a 
limited period. Like certain other provisions, however, it 
is the result of concession and compromise, as will appear 
from the following sketch of the proceedings of the conven¬ 
tion on the subject. 

§ 3. A section had been reported, declaring that “ no tax 
or duty should be laid by congress on articles exported 
from any state ; nor on the migration or importation of 
such persons as the several states should think proper to 
admit ; nor should such migration or importation be pro¬ 
hibited.” As the southern states were the principal export¬ 
ing states, it is evident that the whole section was intend¬ 
ed as a concession to those states. The clause prohibiting 
the laying of duties on exports, was, after considerable dis¬ 
cussion, adopted, 7 states voting in the affirmative, and 
4 in the negative. The latter were New Hampshire, New 
Jersey, Pennsylvania, and Delaware. 

§ 4. It was then proposed, though by a delegate from a 
southern state, (Luther Martin, of Maryland,) to vary the 
article so as to allow a prohibition or tax on the importa¬ 
tion of slaves, for the reason, first, that as five slaves were 
to be counted as three freemen in the apportionment of re¬ 
presentatives, the clause, as reported, would leave an en¬ 
couragement of this traffic ; secondly, that slaves weaken¬ 
ed one part of the union which the other parts were bound 
to protect; and thirdly, that such a feature in the constitu¬ 
tion was inconsistent with the principles of the revolution, 
and dishonorable to the American character. 

§ 5. The opposition to this proposition was principally from 
the three extreme southern states, these being the only states 
which had not abolished the foreign slave trade : and one of 
these, (North Carolina,) had discouraged the trade by impo¬ 
sing duties on slaves imported. Their delegates insisted on 
the privilege of continuing the importation. They did not ap¬ 
prehend insurrections among their slaves, and would readily 
exempt the other states from the obligation to protect the 
southern states. Religion and humanity had nothing to 
do with this question. Interest was the governing princi¬ 
ple with nations. The true question was, whether the 
southern states should or should not be parties to the union ; 
and the opinion was expressed, that they would not be, if 
the slave trade should be prohibited. It was urged, also, 


Chap. XXXVII.J GOVERNMENT OF TIIE U STATES. 


149 


that the northern states would be benefited by the impor¬ 
tation, as it would give additional employment to their 
shipping. It was further said, that, if left at liberty, these 
southern states might, by degrees, do of themselves what 
was wished, as Maryland and Virginia had already done. 

§ 6. Certain northern delegates, particularly those from 
Connecticut, though disapproving the slave trade, urged 
that the matter should be left with the states ; that there 
should be as few objections as possible to the proposed 
government; and that the abolition of slavery was going 
on. and would probably, by degrees, be completed by the 
good sense of the several states. Taxing the importation 
was objected to, as that implied that slaves were property. 

§ 7. There being little hope of a speedy agreement, it was 
proposed by delegates from South Carolina to refer the sub¬ 
ject to a committee, with a view to making slaves liable to 
an equal tax with other imports. The clause prohibiting 
the taxing of exports having been previously adopted, the 
two remaining clauses of the section, together with the sec¬ 
tion relating to navigation laws, were referred to a commit¬ 
tee, in the hope, as was said, of “ forming a bargain among 
the northern and southern states.” The necessity of a 
power to regulate commerce by duties on foreign goods 
and shipping, in order to protect our own, has been men¬ 
tioned. (Chap. XXXIV.) It was therefore to be expected 
that congress would exercise this power in passing nav¬ 
igation acts : but in compliance with the wishes of south¬ 
ern delegates, who apprehended that the taxing of foreign 
shipping would increase the cost of the transportation of 
their exports, a section had been inserted, prohibiting the 
passage of navigation acts, except by majorities of two- 
thirds of both houses. 

§ 8. The committee to whom the subject had been refer¬ 
red, reported, as a substitute for the two clauses relating 
to the importation and taxation of slaves, a provision deny¬ 
ing to congress the power to prohibit the importation of 
slaves prior to the year 1800, but allowing a tax or duty 
on the slaves imported, not exceeding the average of the du¬ 
ties laid on imports ; and the section containing the restric¬ 
tion upon the passage of navigation laws was to be struck 
out. It was moved to insert 1808 in the place of 1800 
To this it was objected, (by Mr. Madison.) that so long a 


150 


CITIZEN’S MANUAL 


[Chap. XXXVII. 


term would produce all the mischief that could be appre¬ 
hended from the liberty to import slaves, and would be 
more dishonorable to the American character than to say 
nothing about it in the constitution. In relation to taxes 
on slaves, he thought it wrong to admit in the constitution 
the idea that there could be property in men. Others, 
however, considered the tax as a discouragement to the im¬ 
portation. The year 1808 was finally fixed as the year 
when the restriction upon the power of congress to prohibit 
the slave trade was to cease. 

§ 9. It now remained to dispose of the navigation clause. 
Southern delegates were still in favor of requiring a majority 
of two-thirds to pass navigation laws, alleging that the 
power of regulating commerce was a pure concession on the 
part of the southern states, and that they did not need the 
protection of the northern states. It was urged, on the 
other hand, that preferences to American ships would mul¬ 
tiply them until they could carry the southern produce 
cheaper than it was now carried. A navy was essential to 
the security of the nation, particularly of the southern 
states, and could only be had by a navigation act en¬ 
couraging American bottoms and seamen. Shipping was 
the worst and most precarious kind of property, and need¬ 
ed public patronage. 

§ 10. Delegates from South Carolina at length proposed 
to yield this point. Although they regarded it as the true 
interest of the southern states to have no regulation of com¬ 
merce, yet, considering the liberality of the eastern states, 
(in consenting to the importation of slaves,) and the inter¬ 
est which the southern states had in being united with the 
strong eastern states, they thought it proper that no fetters 
should be imposed on the power of making commercial re 
gulations. At the worst, a navigation act could bear hard 
a little while only on the southern states. As they were 
laying the foundation for a great empire, they should look 
beyond the present moment. It was suggested also that a 
navigation act was necessary to secure the West India 
trade. The section containing the restriction on the powmr 
to pass navigation laws was accordingly struck out; and 
thus was effected the third great compromise of the con¬ 
stitution. 

§ 11. Whether the interests or the honor of the nation 


Chap. XXXVIII.l GOVERNMENT OF THE U. STATES 


151 


required this concession to the southern states, is a ques¬ 
tion upon which different opinions are entertained. It was 
desirable to secure the ratification of the constitution by all 
the states. To form a union of less than nine states, (Art. 
?,) was thought inexpedient. If, as was feared, the three 
slave importing states, or but two of them, should reject 
the constitution without the prohibition mentioned, and 
but two or three other states, on account of objections to 
certain other parts of the plan, should fail to ratify, the 
great object of the convention would have been defeated. 
This consideration induced the northern states to consent 
to the compromise. It is, however, believed by many, that 
the southern states would eventually have acceded to the 
union, though the concession had not been made. 

§ 12. The propriety of this concession depends materially 
upon the question, whether the power of congress, had it 
been left unrestricted, would have been earlier exercised 
for the abolition of the slave trade. This question it is, of 
course, impassible to determine. It is, however, a gratify¬ 
ing fact, that congress exercised its power for terminating 
this cruel and disgraceful traffic at the earliest possible 
period. A law was passed in 1801, to go into effect in 1808, 
making it unlawful, under severe penalties, to import slaves 
hito the United States ; and in 1820, the African slave trade 
was declared piracy, and made punishable by death. 


CHAPTER XXXVIII. 

POWERS PROHIBITED TO CONGRESS—CONTINUED. 

§ 1. Among the restrictions on the powers of congress, is 
the prohibition to suspend “ the privilege of the writ of habeas 
earp°uS, unless when, in cases of rebellion or invasion, the public 
safety may require it” (Art. 1, sec. 9.) For the origin and 
meaning of this privilege, see Chapter XLV, § 9, 10. 

§ 2. The next clause declares that “ no bill of attainder or 
ex post facto law shall be passed” A bill of attainder is an act 
of a legislature, inflicting the punishment of death upon a 



152 


CITIZEN’S MANUAL 


(Chap. XXXVIII. 


persm pronounced guilty of some crime, without trial. If 
it inflicts a milder punishment, it is call 3 d a bill of pains 
and penalties. 

§ 3. An ex post facto law is, literally, a law which has effect 
upon an act after it is done. It here means a law to punish, 
as a crime , an act that was lawful when it was done. Thus, 
if a law should be passed, by which a man should be made 
to suffer death for an act of justifiable homicide committed 
before the law was made, such would be an ex post facto law. 
A law is also an ex post facto law that inflicts a more severe 
penalty for an unlawful act than was imposed for such offense 
when committed. Thus, if a law were passed to-day, requir¬ 
ing that men awaiting trial for petit larceny heretofore 
committed, should, on conviction, suffer death, or imprison¬ 
ment in state prison, such law would be an ex post facto 
law. Petit larceny not being thus punishable when the 
offense was committed, a more severe penalty could not be 
imposed after its commission. 

| 4. 11 No attainder of treason shall work corruption of blood m 
forfeiture , except during the life of the person attainted” (Art. 
Ill, § 3, cl. 2.) To the young reader this sentence may 
need explanation. Literally, attainder means a taint, or 
staining, or corruption ; but it here signifies the same as 
judgment, or conviction. By the common law, the stain 
of treason was made to affect the blood of the traitor, so 
that he could not inherit property himself, nor could his 
heirs inherit from him ; but his whole estate was forfeited. 
The constitution properly abolishes a law by which the inno¬ 
cent were made to suffer for the crimes of others. 

§ 5. Besides corruption of blood and forfeiture, the man¬ 
ner of inflicting the punishment was most disgraceful and 
inhuman. The offender was drawn to the gallows on a 
hurdle ; hanged by the neck, and cut down alive ; his en¬ 
trails taken out and burned while he yet was alive ; his 
head cut off; and his body quartered. Power being giver. 
to congress, in the clause above referred to, “ to declare tlu 
punishment of treason ,” congress has abolished this barbarous 
practice. Hanging, simply, is the punishment. 

§ 6. “ Treason against the United States ,” as defined by the 
constitution, “ consists only in levying war against them , or in 
adhering to their enemies , giving them aid and comfort .” A gene 
ral proneness to construe crimes of a less aggravated char 


Chap. XXXVIII.] GOVERNMENT OE THE U STATES. 153 

acter into acts of treason, rendered it proper that the con¬ 
stitution should define the crime. An assemblage of men 
for a treasonable purpose, such as war against the govern¬ 
ment, or a revolution of any of its territories, and in condi¬ 
tion to make such war, constitutes a levying of war. 

§ T. War can be levied only by the employment of force ; 
troops must be embodied ; men must be openly raised ; but 
there may be treason without arms, or the application of 
force to the object. To march in a^ms with a force mar¬ 
shaled and arrayed, committing acts^of violence, in order to 
compel the resignation of a public officer, and thereby to 
render ineffective an act of congress, is high treason. When 
war is levied, all who perform a part, however remote from 
the scene of action, being leagued in the conspiracy, com¬ 
mit treason. But a mere conspiracy to levy war is not 
treason. A secret, unarmed meeting of conspirators, not in 
force, nor in warlike form, though met for a treasonable 
purpose, is not treason ; but these offenses are high mis¬ 
demeanors. 

§ 8. “No capitation or other direct tax shall be laid , unless in 
proportion to the census or enumeration herein before directed to be 
taken” (Art. I, § 9.) The word capitation is derived from 
the same Latin word as capital , which has been defined. 
(Chap. XXVIII, $ 3.) It is a tax of a certain amount upon 
every head or poll, without respect to property ; hence it is 
usually called a pollrtax. The above clause means, that if 
poll-taxes, which are a kind of direct taxes, should be laid 
in pursuance of the 3d clause, 2d section, and 1st article of 
the constitution, only three-fifths of the slaves are to be 
counted. Poll-taxes are not laid to any great extent, in 
any of the states. 

§ 9. “No tax or duty shall be laid on articles exported from any 
state.” Probably no law could be devised which would ope¬ 
rate equally upon the interests of the different states. Some 
states, for example, would be injuriously affected by a duty 
on cotton, rice, and tobacco; others by a duty on grain ; 
and others by duties on manufactures, &c. But were it 
even possible to devise a plan which should be equal in its 
operation, it could hardly be expected to unite in its favor 
a majority of the representatives of the different and con¬ 
flicting interests. As every necessary object of indirect 
taxation may be attained by duties on imports, exports are 


154 


JlTIZEN’S MANUAL. 


[Chap. XXXVIII 


properly exempted. With a view to the same object, it is 
expressly provided, in the same clause, that “ no preference 
shall be given , bi any regulation of commerce or revenue , to the 
ports of one state over those of another ; nor shall vessels bound to 
or from one state be obliged to enter , dear , or pay duties in another” 

§ 1.0. Of the two remaining* clauses of this section, the 
one is designed to secure economy, regularity, and accounta¬ 
bility in the expenditures of the public money ; the other 
to secure respect for republican simplicity, and to guard 
against the corruption of the officers of the national govern¬ 
ment by foreign influence. 

$ 11. Sundry salutary restrictions are also laid upon the 
states. “No state shall enter into any treaty , alliance, or confede¬ 
ration” The articles of confederation contained the same 
prohibition. If every state were permitted to enter into 
engagements with one or more other states, or with foreign 
powers, the rights and interests of the other states might 
be seriously injured, and the entire policy of the national 
government counteracted. As the power to make treaties 
and alliances is vested in the general government, it is ap¬ 
parent that the same power in the state governments would 
endanger the very existence of the union. For a similar 
reason, the states may not “ issue letters of marque and reprisal” 
The power properly belongs to the general government, 
and can not therefore be safely intrusted to the state govern¬ 
ments. 

§ 12. The power to “coin money” was given to the general 
government, to secure a uniform currency. But this object 
could never be attained, if the power here prohibited were 
exercised by the states. 

§ 13. A state may not “emit bills of credit” These are de¬ 
fined to be promissory notes or bills issued by the authority 
of a state on the credit of the state, and designed to circu¬ 
late as money. Both during and after the war of the revo¬ 
lution, a large amount of this paper money, almost worth¬ 
less, was put into circulation by the continental congress, 
and by the states. Bank bills which circulate upon private 
credit, do not come under the prohibition. And it is the 
prevailing opinion that the prohibition does not apply to the 
notes of a state bank, drawn on the credit of a particular 
fund set apart for their payment. Some of the states had 
declared their irredeemable currency a legal tender. Hence 


Chap. XXXIX.] GOVERNMENT OF THE U. STATES. 


155 


the prohibition, in the same clause, “ to make any thing but 
gold and silver coin a tender in'payment of debts which means 
that no person shall be compelled to take in payment of a 
debt any thing tendered or offered but gold and silver coin. 

§ 14. The states are forbidden also to pass any “ law im¬ 
pairing the obligation of contractsP Laws that would weaken 
the force of a contract, or release men from their obligations, 
vould be contrary to the principles of justice, and give in¬ 
security to the rights of property : they are therefore with 
great propriety prohibited. 

§ 15. The power to pass “ bills of attainder” and 11 ex post 
facto laws,” and the power to “ grant titles of nobility,” are 
among the powers prohibited to the states in this clause. 
These acts are in the preceding section prohibited to con¬ 
gress ; and being in their nature objectionable, they are 
with equal propriety prohibited to the states. 

§ 16. The exercise, by the states, of the powers mentioned 
in the two remaining clauses of this section, is incompatible 
with the exercise of the same powers by congress ; and 
they are therefore properly prohibited to the states. 


CHAPTER XXXIX. 

EXECUTIVE DEPARTMENT. PRESIDENT AND VICE-PRESIDENT ; 

THEIR ELECTION, QUALIFICATIONS, &C. 

§ 1 . The executive power is vested in a president of the 
United States, who holds his office for the term of four years. 
A vice-president is chosen at the same time, and for the 
same term. (Art. 2, sec. 1.) The general duties of these 
officers are similar to those of the governor and lieutenant- 
governor of a state ; and this department of the general 
government is constituted in a manner similar to that of a 
state government. 

§ 2. The propriety of three separate and distinct deparb 
ments of government, legislative, executive, and judicial, 
was so generally admitted, and the want of an executive 
power under the ettnfederation was so sensibly felt, that 



156 


CITIZEN’S MANUAL. 


[Chap. XXXIX 


every plan of government introduced into the convention 
provided for an executive department. In regard, however, 
to its organization and the extent of its powers, theiA was 
a great diversity of opinion. 

§ 3. First, as to the number of persons of which it should 
be composed. An executive magistracy consisting of a 
number of persons, as some proposed, and divided in opinion 
as they would often be, could not act with the necessary 
vigor and promptitude. Measures involving the highest 
interests of the nation, and requiring speedy action, might 
be subjected to injurious delays, or be entirely defeated by 
divided councils. Unity in the executive, too, instead of 
tending to monarchy, as some apprehended, would rather 
be a safeguard against tyranny, by increasing the responsi¬ 
bility of the office ; for, where the whole responsibility of 
an act is thrown upon a single individual, it is impossible 
to shift any portion of deserved blame upon others. 

§ 4. Secondly, as to the tenure of office. Specific terms 
of three, six, and seven years were proposed. It was also 
proposed to render the executive ineligible for a second 
term. A short term was considered necessary to insure 
responsibility ; and reeligibility would furnish a motive to 
good behavior. Against a short term it was urged, that it 
might induce an executive to shape his policy with a view 
to a' reelection rather than to the public good. A long term, 
it was argued, would secure greater firmness and indepen¬ 
dence in the discharge of his official duties, and enable him 
to mature and carry out his system of public policy. Eligi¬ 
bility for reelection having been agreed on, the term of four 
years was adopted, as being most likely to secure, in an 
equal degree, the advantages of both a long and a short 
term. 

§ 4. Thirdly, the mode of election. Several modes were 
proposed : (1.) Election by the national legislature. The 
main objection to this mode was, that it would render the ex¬ 
ecutive too dependent upon the legislature. It would encour¬ 
age bargain and intrigue. Votes would be given by mem¬ 
bers of the legislature, under promises or expectations of 
favors in return, either to themselves or their friends. (2.) 
Election by the people at large. Against this it was urged, 
that the people could not be sufficiently informed of the 
character of candidates ; that they would seldom or never 


Chap. XXXIX.] GOVERNMENT OF THE U. STATES 


157 


give a majority of votes to any one man ; and that it would 
be attended with dangerous commotions. (3.) Election by 
electors chosen for that purpose. For the election of the 
electors, however, various modes were suggested ; namely, 
by the state executives ; by the state legislatures ; and by 
the people. 

§ 6. The election of the president by electors was finally 
agreed to ; and each state was allowed to appoint its elec¬ 
tors in such manner as the legislature should direct. (Art. 
2, sec. 1.) In pursuance of the discretion here given, dif¬ 
ferent modes were adopted in different states. In some the 
electors were appointed by the state legislatures ; in others 
they were elected by the people. Of the states which 
adopted the former mode, all but one have exchanged it for 
the latter. In all the states except South Carolina, presi¬ 
dential electors are now chosen by the people. 

§ t. These electors are, by the laws of the several states, 
to be chosen by general ticket. The names of two men, 
corresponding to the number of senators to which a state 
is entitled in congress, together with the names of as many 
others as there are representatives of the state in the lower 
house of congress, one to reside in each congressional dis¬ 
trict, are all placed upon the same ballot; and every voter 
votes for the whole number of presidential electors to be 
chosen in the state. And by a law of congress, the electors 
are required to be chosen in all the states on the same day, 
which is the Tuesday next after the first Monday of No¬ 
vember. 

§ 8. The electors so chosen in each state meet in their 
respective states on the first Wednesday of December, and 
vote for president and vice-president; and make and sign 
three certificates of all the votes given by them, and seal 
up the same. One of these certificates is to be sent by a 
person duly appointed by them, to the president of the sen¬ 
ate at the seat of government, before the first of January 
next ensuing ; another is to be forwarded by mail, also di¬ 
rected to the president of the senate ; and the third is to be 
delivered to the United States judge of the district in which 
the electors are assembled. 

§ 9. On the second Wednesday of February, the president 
of the senate, in the presence of all the senators and repre¬ 
sentatives, opens the certificates from all the states, and 


158 


CITIZEN’S MANUAL. 


[Chap. XXXIX 


the votes are counted. The person having a majority of all 
the electoral votes for president is elected. If no person 
has a majority of the electoral votes, the house of represen¬ 
tatives must choose the president from those candidates, 
not exceeding three, who had the highest numbers of the 
electoral votes. But in so doing, the members do not all 
vote together ; but those of each state vote by themselves ; 
and the candidate who receives the votes of a majority of 
the representatives of a state, has but one vote for each 
such majority ; from which it appears that there are only 
as many presidential votes as there are states ; and the 
person who receives the votes of a majority of the states, is 
elected. 

§ 10. Of this mode of electing a president, the election of 
1825 is a practical illustration. The votes of the electoral 
colleges had in December, 1824, been divided upon four 
candidates : Andrew Jackson having received 99 votes ; 
John Quincy Adams, 84 ; William H. Crawford, 41 ; and 
Henry Clay, 87. Neither candidate having received a ma¬ 
jority of all the electoral votes, the election of president 
devolved upon the house of representatives. Of the three 
candidates having received the highest numbers of electoral 
votes, Mr. Adams received the votes of thirteen states, Gen. 
Jackson, of seven states, and Mr. Crawford of four states. 
Mr. Adams having received the votes of a majority of all 
the states, he was elected. 

§ 11. The present manner of electing a president and vice- 
president, which-is prescribed by the 12th article of amend¬ 
ment, has been substituted for the original plan. (See Art. 
2, sec. 1, cl. 3.) This alteration was probably induced by 
the difficulty of electing a president in 1801. Under the 
mode then existing, the electors did not designate the office 
to which either of the persons voted for was intended to be 
chosen. Of the electoral votes given in December, Thomas 
Jefferson and Aaron Burr had each 73 votes, the electors 
belonging to the same political party having unanimously 
voted for them both. The election must consequently be 
made by the house of representatives, where the balloting 
was continued many days, when, on the thirty-sixth ballot, 
Mr. Jefferson received the votes of a majority of the states. 
By the old mode, a tie must of necessity occur whenever 
the electors of the most numerous party vote unanimously 


ev.r itsuax.] government of the u. states. 


159 


f(.T the candidates of such party. By requii mg the persons 
voted for to be named for the offices for which they are re¬ 
spectively designed, the chances of an equal vote for two 
or more candidates for the same office are greatly dimin* 

: shed. 

§ 12. To be eligible to the office of president or vice-presi¬ 
dent, a person must be a natural born citizen of the United 
States, thirty-five years of age, and must have been fourteen 
years a resident within the United States. (Art. 2, sec. 1, 
cl. 5. Amend, art. 12, cl. 3.) The reasons for requiring long 
terms of citizenship and residence, and mature age and ex¬ 
perience, in the case of senators, apply with at least equal 
force in the office of president. 

$ 13. The constitution properly provides for filling va¬ 
cancies in the office of president, by devolving the powers 
and duties of the office upon the vice-president. The power 
of making further provision for supplying vacancies, is / 
^iven to congress (Art. 2, sec. 1). In pursuance of the 
power here granted, it has been enacted, that in case of the 
removal, death, resignation, or inability, both of the presi¬ 
dent and vice-president, the president of the senate pro-tem- 
;pore shall act as president • and if he, too, should die, re¬ 
sign, or become incompetent, ihe speaker of the house of 
representatives would assume the duties of the office. 
Since the adoption of the constitution, two vice-presidents 
have succeeded to the office of president : the first, in con¬ 
sequence of the death of President Harrison, in April, 1841 • 
the second, in ^Tuly, 1850, on occasion of the death of Pre¬ 
sident Taylor. 

§ 14. The increase and diminution of the salary of the 
president, as in the case of certain other officers, is proper 
ly prohibited. Without such prohibition, the compensa¬ 
tion of a president might be reduced to a sum insufficient 
to meet his necessary expenditures, and afford a just re¬ 
muneration for the services rendered. It would be impoli¬ 
tic to make the executive entirely dependent upon the legis¬ 
lature for his support. Control over his compensation 
would be little less than control over his will. On the 
other hand, if the emoluments of the office could l e increas¬ 
ed during his official term, he might be tempted to use un¬ 
due influence to procure a needless augmentation of his 
salary. 


160 


CITIZEN’S MANUAL 


[Chap. XL 


§ 15. The president and vice-president go into office on 
the 4th day of March next after their election, and end 
their term on the 3d day of March, four years thereafter ; 
the same days on which senators every six years, and re¬ 
presentatives every two years, commence and end their re¬ 
gular terms of office. 


CHAPTER XL. 

POWERS AND DUTIES OP THE PRESIDENT ; TREATIES; PUBLIC 
MINISTERS ; APPOINTMENTS AND REMOVALS. 

§ 1. The powers and duties of the president are enume¬ 
rated in the 2d and 3d sections of the 2d article of the con¬ 
stitution. He is made the commander-in-chief of the army 
and navy of the United States, and of the militia of the se¬ 
veral states when called into the actual service of the Uni¬ 
ted States. It has been observed, that singleness of pur¬ 
pose, promptitude of action, and responsibility, are indis¬ 
pensable to a successful exercise of the powers and duties 
of an executive ; and that these are supposed to be best sf 
cured by vesting the executive power in a single persor 
(Chap. XXXIX. sec. 3.) To execute the laws, to suppress 
insurrections, and carry on war, are executive duties i 
and it is highly proper that the president should have the 
command of the public forces. 

§ 2. The president has also the power to grant reprieves 
and pardons for offenses against the United States, except 
in cases of impeachment. The necessity of this power 
arises from the fallibility of courts of justice. Through 
partial or false testimony, errors in conducting trials, or the 
mistakes of judges and juries, a person may be unjustly 
convicted ; or the offense may have been attended with 
palliating or mitigating circumstances. It is proper, there¬ 
fore, that there should be lodged somewhere a power to 
mitigate the sentence, or postpone its execution, or to remit 
the punishment, as the case may seem to require ; and in 
no other hands, it is presumed, would this power be more 
judiciously exercised than ’n those of the executive leree 




Chap. XL.J GOVERNMENT OF THE UNITED STATES. 1G1 

the same power is given to the governor of the states. 
(Chap. XVI, § 4). 

§ 3. The next clause confers on the president the power 
by and with the advice and consent of the senate, to make 
treaties, to appoint embassadors, other public ministers 
and consuls, judges of the supreme court, and other officers. 
A treaty is an agreement between two nations. Treaties 
are made to restore or preserve peace, and sometimes to 
regulate trade, between nations. It is plain, therefore, that 
this power ought to be in the national government. In 
monarchical governments it resides in the king. To con¬ 
fide so important a trust to the president alone, would be 
imprudent. To associate the house of representatives with 
the president and senate, as in the enactment of laws, 
would render it impossible to act with the decision, secrecy, 
firmness and dispatch, which are sometimes necessary i< 
negotiating treaties. 

§ 4. The power of making treaties, being neither wholly 
executive, nor wholly legislative, but partaking of the na¬ 
ture of both, a 'part of the legislature—the body combining 
more of stability, energy, and experience, and, from its 
oeing less numerous, capable of acting more promptly, as 
well as being more easily convened, and at less expense— 
appears to be very properly associated with the executive 
in the exercise of this power. So the power “ to appoint 
imbassadors, ministers” or other agents, by whom treaties 
are negotiated, seems to be with equal propriety placed in 
the same hands. 

§ 5. In making a treaty, the terms are arranged and 
agreed upon by the agents of the governments ; and the 
articles of agreement are sent to their respective govern¬ 
ments to be ratified. Both governments must ratify, or the 
treaty fails What is meant by the president and senate’s 
making treaties, is their approving and sanctioning, or, as 
it is usually called, ratifying them. Treaties are sometimes 
negotiated by persons appointed by the two governments 
for that special purpose ; at other times by the permanent 
representatives or ministers of the respective governments. 

§ 6. Each of the principal civilized nations has some of¬ 
ficer at home, who acts as agent in negotiating treaties 
and transacting other business with foreign governments ; 
and has also a representative at the seat of each foreign go- 


162 


CITIZEN'S MANUAL. 


[Chap. XL. 


vernment, to transact business for his nation, and to keep 
his government advised of what is done abroad. Hence, 
there are at the city of Washington, a mirister from Great 
Britain, one from France, one from Russia,, and one from 
eAch of the other principal governments of Europe and 
America. And our government has a minister residing at 
the seat of government of each of those countries. The 
officer of our government who corresponds with foreign 
ministers, and wiih our ministers abroad, is the secretary 
ot state. 

§ 1. Representatives at foreign courts are differently 
styled, embassadors, envoys, ministers, and charges des 
affaires, commonly written charges d'affaires. An embas¬ 
sador who is intrusted with the ordinary business of a min¬ 
ister at a foreign court, is called an embassador in ordinary. 
An embassador extraordinary is a person sent on a particular 
occasion, who returns as soon as the business on which he 
was sent is done. ‘He is sometimes called envoy ; and 
when he has full power to act as he may deem expedient, 
he is called envoy plenipotentiary ; the latter word signifying 
full power. An ordinary embassador resides abroad, and 
acts in obedience to instructions sent him from time to 
time. 

§ 8. Agents sent by the United States to reside at for¬ 
eign courts, are usually called ministers , especially those 
sent to the principal or more important countries. Charge • 
d’affaires are ministers of a lower grade, and are sent to in¬ 
ferior countries, or those with whom we have less impor¬ 
tant relations. The name is French, and is pronounced 
shar-zha-daf-fair, accented on the first and last syllables. 
It means a person having charge of the affairs of his nation. 

§ 9, Co7isuls reside in foreign seaports. Their business 
is to aid their respective governments in their commercial 
transactions with such foreign countries, and to protect tho 
rights, commerce, merchants, and seamen of their own na¬ 
tion. Hence much of their business is with masters of ves¬ 
sels, and with merchants. They also dispose of the per¬ 
sonal estate left by the citizens of the United States, who die 
within their consulates, leaving no representative or part¬ 
ner in trade to take care of their effects. 

§ 10. The president has power also, by and with the ad¬ 
vice and consent of the senate, to appoint judges of th> su - 


Chap. XL.] 


GOVERNMENT OF THE U. STATES. 


1G3 


preme court , the head officers of the several executive departments , 
and a great number and variety of other officers. The elec¬ 
tion of judges of the supreme court of the United States by 
the people, wou/ i be not only inconvenient but injudicious. 
And as a president is in a measure responsible for the acts 
of his subordinates in the several executive departments, 
and as without their cooperation and advice he could 
scarcely carry out his own measures ; the appointment is 
properly given to the executive ; and by being required to 
submit his choice to the body of senators, a sufficient safe¬ 
guard is provided against the appointment of unworthy or 
incompetent men. 

§ 11. The president has power to fill up all vacancies thai 
may happen during the recess of the senate, by granting 
commissions which shall expire at the end of the next ses¬ 
sion. (Sec. 2, cl. 3.) Without such a power somewhere, 
the public interests would often suffer injury before the next 
regular session of the senate, or even before that body could 
be convened in extraordinary session. And as the presi¬ 
dent is responsible for the faithful performance of the du¬ 
ties of the subordinate executive officers, no danger was 
apprehended from his having the power alone to fill vacan¬ 
cies until the next session of the senate. 

§ 12. In the exercise of powers claimed under the two 
preceding clauses, two important questions have arisen 
since the organization of the government. First : Is the 
consent of the senate required in the removal as well as in 
the appointment of an executive officer ? From the silence 
of the constitution on the subject of removal, it has been 
inferred by many of the ablest statesmen, including some 
who were most conspicuous among the framers of the con¬ 
stitution—that “ the consent of the senate was as neces* 
sary to displace as to appoint otherwise the president 
might defeat the object of this provision, which was intend¬ 
ed to guard against the abuse of the appointing power. 
He might, immediately after the close of each session of 
the senate, remove any officer at pleasure, and appoint 
some favorite who would hold until the expiration of the 
next session of the senate ; and if, to secure the consent of 
the senate, he should be compelled to nominate an accept¬ 
able person, he might, immediately after the adjournment 
of that body, remove the newly appointed incumbent, and 


164 


CITIZEN’S MANUAL 


[Chap. XL. 


reappoint the obnoxious favorite. Or. if the senate should 
refuse to confirm an appointment made during the recess, 
he may, as some suppose, after the adjournment, reap¬ 
point the same person or any other. Or he may thus re¬ 
appoint after the expiration of each session of the senate, 
even without having made any nomination during the ses¬ 
sion, 

§ IB. This suggests the other question : Does the power 
to fill vacancies authorize such appointments ? It has been 
alleged that, when an office expires, by its own limitation, 
with the session of the senate, a vacancy cannot be truly 
said to have happened during the recess, in the meaning of the 
constitution. The object of the framers doubtless was to 
prevent the continuance in office of any appointee, without 
the consent of the senate, after the close of the next session. 
In 1831, a vacancy was filled by the president, during the 
recess of the senate. At the ensuing session, the person 
appointed was three times nominated, and as often rejected— 
the last time on the last night of the session, and in the 
face of a previous declaration of the president, that he 
would nominate no other person. Immediately after the 
adjournment, the incumbent was reappointed by the presi¬ 
dent. The constitutionality of the reappointment was called 
in question, but was sustained by the opinion of the attor¬ 
ney-general. The mere opinion, however, of a single indi¬ 
vidual, holding his office at the will of the president, in the 
only case of the kind on record, is regarded by many as in¬ 
sufficient to settle this question. 

§ 14. But the doctrine of the power of removal by the 
president alone, rests on a better foundation—the practice 
of the government. In organizing the auxiliary executive 
departments by the first congress, the question arose, 
whether the officers of these departments could be removed 
by the president, independently of the senate. It was 
argued, that, as the president and senate were associated in 
making appointments, the fair inference was, that they 
must agree in removals. This power in the hands of the 
president alone, it was further said, was dangerous to 
liberty, monarchical, and would convert executive officers 
into mere instruments of his will. In reply it was said, that 
the power of removal was completely executive. The pre¬ 
sident must see the laws faithfully executed ; but this was 


Chap. XL.] 


GOVERNMENT OF THE U. STATES. 


165 


impossible without the power of removing an officer whose 
cooperation was necessary to their execution. An immedi¬ 
ate removalrnight become necessary ; and the public inter¬ 
est might suffer from the delay in convening the senate. 
After a full discussion of Ihe question, it was decided in 
the affirmative. This construction is now settled in prac¬ 
tice, although its correctness is not universally admitted. 

§ 15. The powers and duties mentioned in the next sec¬ 
tion, are all properly devolved upon the president. (Art. 2, 
sec. 3.) Congress ought to have the benefit of the informa- 
tioq in his possession of the state of the union ; and his 
recommendation of measures fixes upon him a responsibility 
for the policy of his administration, while it takes away 
from congress all ground of excuse for neglecting the con¬ 
sideration of necessary measures. The power to convene 
congress in sudden emergencies, and the power to adjourn 
congress in case of disagreement between the two houses, 
are necessary and convenient powers, and are with pro¬ 
priety given to the executive. The receiving of embassa¬ 
dors and other public ministers, is wisely made a duty. 
The refusal to receive a foreign minister is often regarded 
by his nation as highly disrespectful and offensive, and has 
a tendency to provoke war. 

§ 16. By the next section, the president, vice-president, 
and all other civil officers of the United States, may be 
removed from office on impeachment for, and conviction of 
treason, bribery, or other high crimes and misdemeanors. 
A definition of impeachment, its objects, and a description 
of a trial of this kind, have been given. (Chap. XXVII.) The 
propriety of such a precautionary provision to secure a 
faithful discharge of public duties, can scarcely be doubted. 
Its efficacy, however, as a preventive of official delinquency, 
is far less, probably, than its authors supposed. The influ¬ 
ence of party prejudice upon the minds of men, is such as 
would, in a majority of cases, protect a man against con¬ 
viction for official misconduct by a court of impeachment, 
of whose members more than one-third were of the same 
political faith as the offender. So slight, indeed, is the pro¬ 
bability of conviction, that impeachment for the most pal¬ 
pable political offenses is seldom attempted. 


166 


CITIZEN’S MANUAL. 


[Chap. XLL 


CHAPTER X LI. 

AUXILIARY EXECUTIVE DEPARTMENTS.—DEPARTMENTS 01 

STATE, OF THE TREASURY, OF THE INTERIOR, OF WAR, 01 

THE NAVY, AND OF THE POST-OFFICE ; ATI ORNEY-GENERAL 

§ 1. The general executive business of the nation, except 
ing what is done by the president in person, is performe< 
in the several executive departments, of whi^h the follow 
ing are the head officers : the secretary of state, the secre 
tary of the treasury, the secretary of the interior, the secre 
tary of war, the secretary of the navy, the attorney-general 
and postmaster-general. These officers are consulted bj. 
the president on important public matters ; and hence thej 
are called “ the cabinet.” They are appointed by the presi 
dent and senate. 

§ 2. The secretary of state performs many duties similar t< 
those of a secretary rf a state government. (Chap. XVI.'. 
Besides these, he transacts much of the business with thi 
governments of foreign countries. Instructions from th( 
president to our public ministers abroad, are communicated 
by the secretary of state ; and he also conducts the corres¬ 
pondence, and transacts the business to be done, with the 
ministers of foreign countries residing here. Hence he is 
sometimes called the diplomatic agent. Diplomacy signifies 
the forms of negotiation, or the customs and rules which 
govern the intercourse of nations through their respective 
ministers or agents. The secretary has a number of clerks. 

§ 3. The secretary of the treasury conducts the financial 
affairs of the government. H's duties are nearly the same 
as those of the controller or auditor of a state. (Chap. 
XVI.) There are, in this department, two controllers and 
five auditors to examine and settle the public accounts, and 
collect the debts due the United States ; a treasurer to keep 
and pay out the money ; a register, who keeps accounts of 
the goods imported and exported, and of the shipping em 
ployed in our foreign trade ; a solicitor ; a recorder ; and 
a large number of clerks. 


Chap. XLL] GOVERNMENT OF THE U. STATES. 167 

§ 4. The secretary of the interior exercises all acts of super¬ 
vision and appeal in regard to the office of the commissioner 
of patents, and the general land office ; in relation to the 
acts of the commissioner of Indian affairs, the commissioner 
of pensions, and the commissioner of the public buildings : 
and he has supervision also over the lead and other mines 
of the United States ; and he signs all requisitions for the 
payment of money out of the treasury on accounts relating 
to the several departments of his business. 

§ 5. The department of the interior, called also the home 
department , was established in 1849. The business of this 
department was formerly transacted in the other depart¬ 
ments. The patent office was connected with the depart¬ 
ment of state ; the land office with the treasury department; 
and the business relating to our Indian affairs belonged to 
the department of war. 

§ 6. On the war department formerly devolved also the 
business relating to military pensions. A pension is a year¬ 
ly allowance to a person by the government for past ser¬ 
vices. In this country pensions are granted for services in 
war. Laws were early enacted by congress granting pen¬ 
sions to persons disabled in the war of the revolution so as 
to be unable to support themselves by manual labor. To 
the pension list were afterward added those who were dis¬ 
abled in the war of 1812. By later laws, the pension list 
has been extended to all who had served for six months at 
least in the army or navy during the war of the revolution, 
and to their widows during their lives. The usual allow¬ 
ance to pensioners is eight dollars a month. Those who 
were officers receive a greater compensation. Since the 
late war with Mexico, another class of pensioners has been 
added to the pension list. p. 213. 

§ 7. The business of the secretary of war relates to tho 
military affairs of the United States. The nation supports 
what is called a standing army, which consists, at present, 
of about 25,000 armed men, stationed in different parts of 
the United States, and ~eady for service when wanted. The 
secretary is assisted b;y a number of subordinate officers 
and clerks. 

§ 8. The secretary of the navy superintends the business le- 
lating to the navy. A navy is the fleet, or ships of war, 
which a nation keeps to defend itself in time of war, and to 


168 


CITIZEN’S MANUAL. 


[Chap. XLI 


protect the trade of its citizens on the high seas in time of 
peace. There are also employed in this department three 
navy-commissioners , and a number of clerks. 

§ 9. The attorney-general prosecutes and conducts all suits 
in the supreme court in which the United States are con¬ 
cerned, and gives his advice upon questions of law, when 
requested by the president or heads of departments. 

§10. The 'postmaster-general establishes post-offices, ap¬ 
points postmasters, and provides for carrying the mails. 
The business of this department is very extensive. There 
is a postmaster in almost every town in the union ; in some 
towns there are several; and the business of this vast num¬ 
ber of officers, is under the general supervision of the de¬ 
partment, and subject to its direction, p. 213. 

§ 11. Every postmaster is required to keep an account of 
all the letters sent from and received at his office, and the 
name of the office to which each letter is sent, and of that 
from which it is received ; also an account of all letters on 
which the postage is paid, and the amount paid on each, 
and of those which go free of postage. He is also required, 
at stated periods, to make out a list of all the letters remain¬ 
ing in his office, and to advertise the same. He sends quar¬ 
terly to the general post-office an account of all letters sent 
and received, and of all moneys received for postage and 
paid out on the orders of the department. He sends also 
all letters which have been duly advertised and remain in 
the office, (called dead letters,) to the general post-office, 
where they are opened ; and such of them as contain money 
or other valuable matter, are returned by mail to the writ¬ 
ers of them. Letters also that have been refused at his office, 
are sent to the general post-office. [Note p. 448.] 

§ 12. Postmasters whose commissions on postages had 
amounted to more than $200 during the preceding year, 
formerly received and sent, free of postage, letters on their 
own private business, weighing not exceeding half an 
ounce; and members of congress, during their term of 
office and until the first of December after its expiration, 
could send and receive packages not exceeding two ounces, 
and all public documents free. The person entitled to 
send matter free, wrote on the outside his name and the 
title of his office. This was called franking. Civil officers 



Chap. XLII.] GOVERNMENT OF THE U. SPATES. 


169 


at the seat of the government could also frank matter re¬ 
lating to the business of their office by marking it outside 
“ official.” This privilege has now been for the most part 
abolished. 


CHAPTER XLII 

JUDICIAL DEPARTMENT. 

§ 1. The want of a national judiciary was a material de¬ 
fect of the confederation. Dependence upon the state courts 
for the means of enforcing the laws of the union, subjected 
the government to great inconvenience and embarrassment. 
A government that has a legislature and an executive, 
ought also to have a judiciary to judge of and interpret the 
laws. By the constitution, “ the judicial power of the United 
States is vested in one supreme court , and in such inferior courts as 
the congress may ordain and establish” (Art. 3, sec. 1.) And 
effect was given to this provision by the judiciary act of 
1189, under which the several courts were organized. 

§ 2. “ The judges of both the supreme and inferior courts hold 
their offices during good behavior” One of the best securities 
for a correct and impartial administration of justice, is the 
independence of the judges. To insure this independence, 
the tenure of the office was made permanent; Judges have 
now nothing to fear from a firm discharge of their duties. 
If they were liable to be displaced at short intervals, they 
would feel too much their dependence upon the appointing 
power. They are often called to judge of the validity or 
constitutionality of laws upon which the political parties of 
the country are divided ; and it was deemed wise to take 
away from them every inducement to conform their decisions 
to the wishes of the appointing power, which generally 
represents the political opinions of the ruling party. The 
independence of the judges is further procured by the pro¬ 
vision that their 11 compensation shall not be diminished during 
their continuance in office” 

§ 3. The first two clauses of the next section declare the 
jurisdiction of the judicial power. It is proper that all cases 
arising between citizens cf the same state, as well as all 



170 


CITIZEN’S MANUAL 


[Chap. XLII. 


crimes committed against its laws, should be tried in the 
courts of the state. But when cases arise under the laws 
of the United States, or between different states, or citizens 
of different states ; or when crimes are committed on the 
ocean, or elsewhere beyond the jurisdiction of a state ; it is 
evident that some other than a state court ought to try 
such cases. For example, if a person should violate the 
laws of congress made for the collection of duties on goods 
imported, he must be prosecuted in a court of the United 
States. So a murder committed at sea, beyond the limits 
of a state, is properly tried in a national court. Piracy, 
which is robbery on the high seas, is always tried in such 
court. And so the other cases mentioned. 

§ 4. The next clause declares, that “ the trial of all crimes, 
except in cases of impeachment , shall he by jury ” The importance 
of the right of trial by jury has been considered. (Chap. 
XXVI, § 1: XXVII, § 4.) It is required that “ the trial be held 
in the state where the crimes shall have been committed.” 
This is intended to secure the trial of the accused among 
his friends and acquaintances, and near the residence of his 
witnesses, whose attendance in a distant state could not be 
had without great inconvenience and expense, which might 
deprive him of the benefit of an important witness. It was 
proper to leave it to congress to direct where the trial 
should be in cases of crime committed beyond the limits of 
a state. 

§ 5. The lowest national courts are the district courts. 
Every state constitutes at least one district ; a few of the 
largest states, two each. In each district is a judge, called 
a district judge, who has power to hold a court. There are 
also in each district a district attorney to attend to suits on 
the part of the United States, and a marshal , whose duties 
in this court are similar to those of a sheriff in a state court. 
This court has four stated terms a year. It tries certain 
kinds of civil cases, and the lower crimes against the laws 
of the United States, committed on land and sea. 

§ 6. The circuits embrace larger territories than the dis¬ 
tricts. There are nine circuits in the United States, each 
including several states. In each there is a circuit judge, 
who holds a court in his circuit twice a year. The judge 
of the district within which the court is held, sits with the 
circuit judge in holding a circuit court. Besides certain 


Chap. XLII.J GOVERNMENT OF THE U. STATES. 171 

Rinds of civil causes, this court tries the highest crimes 
against the laws of the United States ; as murder within 
forts, arsenals, and other territory, the property of the Uni¬ 
ted States, or on the high seas. It also tries some cases of 
appeal from district courts. In consequence of the late in¬ 
crease of the number of states and of population, an addition 
to the number of circuits has been proposed, and will pro¬ 
bably soon be made. 

§ 7. The supreme court consists of all the judges of the cir¬ 
cuit courts, one of whom is the chief justice of the supreme 
court. There are but few causes which originate or com¬ 
mence in this court; its principal business is to rejudge 
cases that are brought up from the circuit courts. It holds 
one session annually, at the seat of government, commen¬ 
cing in January or February, and continuing about eight 
weeks. 

§ 8. An important object of a supreme court of the Uni¬ 
ted States, is to secure a correct and uniform interpretation 
to the constitution and laws of the United States. State 
laws, and decisions in state courts, are sometimes, made 
which are supposed to be repugnant to the constitution and 
laws of the United States. And what may be pronounced 
constitutional by a court in one state, may be declared un¬ 
constitutional in another. Therefore, when any act or 
judgment in a case tried in the highest or last court in a 
state is deemed inconsistent with the constitution or laws 
of the United States, such case may be removed by writ of 
error to the supreme court of the United States, whose de¬ 
cision governs the juigment of all inlerior courts through¬ 
out the union. 


172 


CITIZEN’S MANUAL. 


[Chap. XLII1 


CHAPTER XLIII. 

STATE RECORDS ; PRIVILEGES OF CITIZENS ; FUGITIVES , 
NEW STATES ; POWER OVER TERRITORY ; REPUBLICAN 
GOVERNMENT ; AMENDMENTS ; ASSUMPTION OF PUBLIC 
DEBTS J SUPREMACY OF THE CONSTITUTION ; OATHS 
AND TESTS J RATIFICATION. 

§ 1. The constitution requires that “full faith and credit 
shall be given in each state to the 'public acts, records and judicial 
proceedings of every other state f and gives to congress the 
power to prescribe the manner of proving them, and their ef¬ 
fect. (Art. 4, sec. 1.) One object of this provision is to se¬ 
cure justice to judgment creditors in case of the removal 
of their debtors into other states. A person against whom 
a judgment has been obtained by due process of law, may 
remove with his property into another state, where, in conse¬ 
quence of the remoteness of his residence from that of the 
witnesses, or of the death or removal of material witnesses, 
he would be beyond the reach of justice by a new trial. 
Hence is seen the necessity of a provision requiring that 
the records of the court in which the judgment was had, 
shall be received in evidence, and have full credit, in every 
court within the United States. 

§ 2. But there are numerous other cases which this provi¬ 
sion is designed to meet; and in pursuance of the power here 
granted, congress has enacted, that a certificate under seal of 
the clerk of a court of record, may be transmitted to any 
state in the union ; and wherever it shall be received, it shall 
be deemed evidence of the facts therein stated ; provided, 
that the sealed certificate of the clerk to a judicial proceeding 
be accompanied by a certificate of the presiding judge or jus¬ 
tice, that the attestation of the clerk is in due form. Acts of 
a state legislature must have the seal of the state affixed 
to them, in order to be entitled to credit in another state. 

§ 3. “ The citizens of each state shall be entitled to all the 
immunities and privileges of citizens in the several statesP (Art. 
4, sec. 2.) This means that the citizens of any state going 
into other states, shall not, by the laws of those states, be 
deprived of any of the privileges of citizens ; or that native 



Chap XLIII.J GOVERNMENT OF THE U. STATES. 173 

born or naturalized citizens of any state removing into 
another, shall be entitled to the privileges which are en¬ 
joyed by persons of the same description in the state to 
which the removal is made. Without such a provision, 
any state might make laws, denying to citizens of other 
states coming into it, the right to buy and hold real estate, 
or to become voters, or to hold office, or to enjoy equal 
privileges in trade and business. But that provision does 
not prohibit a state from prescribing a certain term of re¬ 
sidence therein as a qualification for voting at elections. 

§ 4. The next clause of this section provides for appre¬ 
hending “ a person charged with crime , who shall Jlee from jus¬ 
tice, and be found in another state. 11 The governor of the state 
from which such person has fled, sends a requisition to the 
governor of the state in which he is found, demanding his 
delivery to the proper officers, to be conveyed back for trial. 
Without such authority to apprehend criminals, the most 
atrocious crimes might be committed with impunity, as the 
perpetrators might easily escape justice, by taking shelter 
in an adjacent state. 

§ 5. In the same section it was provided, that a “person 
held to service or labor in one state , (including slaves,) es¬ 
caping into another 11 should not become free by any law 
of the state into which he fled, “ but should be delivered up 
on claim of the party to whom such service or labor may 
be due .” The owner of a runaway slave finding him in 
one of the free states, could arrest him and bring him be¬ 
fore a magistrate ; and if he proved his title to the slave, 
to the satisfaction of the magistrate, the slave was deliv¬ 
ered up to the owner or claimant. With the abolition of 
slavery this provision, being yet repugnant to the ma¬ 
jority, was abolished. 

§ 6. “ New states map be admitted by the congress into this 
union ; but no new state may be formed or erected within 
the jurisdiction of any other state ; nor may a elate be 
formed by the junction of two or more states, or parts of 
states, without the consent of the legislatures of toe states 
concerned, as well as of the congress.” (Art. 4, sec. 3.) 
This provision was rendered necessary by the large extent 
of vacant lands within the United States. Tho territory 
north-west of the Ohio river had been ceded to the general 
government by the states claiming the same ; and a ter 


174 


CITIZEN’S MANUAL. 


[Chap. XLin. 


ritorial government had already been established therein 
by the celebrated ordinance of 1781 There was also south 
of the Ohio river a vast tract, principally unsettled, within 
the chartered limits of Virginia, North Carolina, and Georgia, 
extending west to the Mississippi river ; from which, it 
was presumed, new states would be formed. Justice, how¬ 
ever, to these states, as well as to others, and in all future 
time, required the above general provision, that no state 
should be divided without the consent of its legislature and 
of congress. 

§ 7. In pursuance of the power here given to congress, 
the following new states have been admitted : Vermont, 
in 1791. This state had formed a state constitution as 
early as 1777 ; but the territory being claimed by New 
York, congress refused to admit her into the confederation. 
In 1790, Vermont paid New York $30,000 to relinquish her 
claim, and was admitted the next year. Maine, a part of 
Massachusetts, was admitted in 1820. From the territory 
south of the Ohio, mentioned in the preceding section, the 
following : Kentucky was formed from Virginia by con¬ 
sent of her legislature given in 1789. The other southern 
states subsequently ceded to the general government their 
western lands, from which were formed Tennessee, Missis¬ 
sippi, and Alabama. From the north-western territory : 
Ohio, Indiana, Illinois, Michigan, Wisconsin. From the 
Louisiana territory purchased from France in 1803, Louisi¬ 
ana, Missouri, Arkansas, Iowa. From the Floridas, ceded 
by Spain to the United States, by treaty of 1819, the state 
of Florida. Texas, an independent republic, separated from 
Mexico, annexed to the union as a state, by resolution of 
congress. From territory acquired from Mexico, Califor¬ 
nia was admitted. In all twenty-four new states have been 
admitted since the adoption of the constitution. This 
number of new states will, at no distant day, be largely in¬ 
creased from the vast extent now existing under territorial 
organization. Several of the territories have formed state 
constitutions, and are now (1877) waiting for admission. 

§8. The next clause authorizes congress “to dispose of , 
and wake all needful rules and regulations respecting the territory 
and other property of the United States.” But as titles to 
portions of the territory were disputed, a proviso was add¬ 
ed, that nothing in the constitution should “ prejudice any 


Chap. XLIII ] GOVERNMENT OF THE U. STATES. 


175 


claim of the United States, or of any particular state.” 
The right of the general government to exercise authority 
over its territorial possessions, is implied in the power to 
acquire them. This express grant establishes the right be¬ 
yond doubt. In pursuance of the power here granted, con¬ 
gress has made “ rules and regulations” for the govern¬ 
ment of the people of certain portions of the territory pre¬ 
viously to their admission as states into the union. 

§ 9. By the 4th section of the 4th article, the general 
government is bound to “ guaranty to every state in this union 
a republican form of government, and to protect each of them 
against invasion and domestic violence” The propriety of a 
power to prevent a state from changing its form of gov¬ 
ernment is self-evident : and it is equally proper that a 
state, when invaded by a foreign enemy, or in case of an 
insurrection within its own borders, should have protection 
and aid from the general government; especially as the 
states have surrendered to it the right of keeping troops 
or ships of war in time of peace. (Art. 1. sec. 10.) 

§ 10. The 5th article prescribes modes of amending the con¬ 
stitution. It will appear on examination of this article, that 
amendments can not be easily effected. The agreement of 
two-thirds of both houses of congress upon a proposition for 
an amendment, or the union of the legislatures of two-thirds 
of the states in requesting congress to call a convention for 
proposing amendments, will rarely occur. And when 
amendments are proposed, their ratification by the legisla¬ 
tures of three-fourths of the states, or by conventions in 
three-fourths of them, would be still more improbable. Had 
an easy mode of amending the constitution been provided, 
its strength might have been impaired, and its permanency 
endangered, by injudicious alterations. Although twelve 
articles, styled amendments, have been adopted, most of 
them are mere additions, and do not alter any of the provi¬ 
sions of the constitution. 

§ 11. The 1st clause of the 6th article, is an acknowledg¬ 
ment of the obligation of the government to pay “ all debts 
contracted before the adoption of the constitution.” As has been 
observed, congress had borrowed large sums of money, for 
the payment of which it had not the power to provide ; and 
one object to be attained by a change of government, was 
to make provision for fulfilling the engagements of the na- 


176 


CITIZEN’S MANUAL. 


[Chap. XLII1 


tion. This clause, it is said, was also intended to allay thi 
fears of public creditors, who apprehended that a change ir 
the government would release the nation from its obliga¬ 
tions. 

§ 12. The next clause declares, that “ this constitution, and 
the laws made in pursuance thereof, and all treaties made under 
the authority of the United States, shall he the supreme law of 
the land,” and binding above all state authorities. If it were 
not so—if all state authorities were not bound by the con¬ 
stitution of the United States, nothing would have been 
gained by the union. If the laws made by congress were 
not to be the supreme law, why give congress the power to 
make them ? Or if treaties could be nullified by any power 
in a state, why was power to make them given to the gen¬ 
eral government ? Hence, the judges of every state are 
bound by the laws and treaties of the United States, what¬ 
ever may be found in the laws or constitution of any state 
to the contrary. 

§ 13. The remaining clause of the 4th article requires 
certain officers, both of the United States and of the several 
states, to “be bound by oath or affirmation to support this 
constitution ; but no religious test shall ever he required as a 
qualification to any office or public trust under the United 
States.” Binding the conscience of public officers by oath 
or solemn affirmation, has ever been considered necessary 
to secure a faithful performance of their duties. They are 
generally required to swear not only to support the consti¬ 
tution, but also to discharge the duties of their offices to the 
best of their ability. Religious tests are forbidden. Test 
here means an oath or a declaration in favor of or against 
certain religious opinions, as a qualification for office. In 
England, all officers, civil and military, were formerly 
obliged to make a declaration against transubstantiation, 
and assent to the doctrines and conform to rules of the 
established church. Desirous of securing to all the full en¬ 
joyment of religious liberty, the introduction of tests was 
properly prohibited. 

§ 14. By the last article, the constitution, when ratified hy 
“ the conventions of nine states,” was to be established between 
the states so ratifying it. The ratification of the constitu¬ 
tion by all the states was doubtful ; therefore entire unani¬ 
mity was not required ; and a union of less than nine states 


Chap. XLIV.] GOVERNMENT OF THE U STATES. 


177 


was deemed inexpedient. The framers closed their labors 
in September, 1181; and in July, 1188, New Hampshire, 
the ninth state, sent its ratification to congress. Congress 
appointed the first Wednesday of January, 1189, for choos¬ 
ing electors of president in the several states, and the first 
Wednesday of February for the electors to meet in their 
respective states to elect the president. Gen. Washington 
was unanimously chosen, and on the 30th of April was in¬ 
augurated president. Proceedings, however, commenced 
under the constitution on the 4th of March, preceding. The 
ratifications of North Carolina and Rhode Island were not 
received by congress until the following year. The ratifi¬ 
cation of the former was received in January, 1190 ; that 
of the latter in June of the same year. 


CHAPTER XLIV. 

AMENDMENTS TO THE CONSTITUTION. 

§ 1. Much of the opposition to the constitution arose from 
the absence of express guaranties of certain rights. The 
ratifications of several of the state conventions were accom¬ 
panied by the expression of a desire, that in order to pre¬ 
vent misconstruction or abuse of the powers of the con¬ 
stitution, some declaratory and restrictive clauses should 
be added. Accordingly, the first congress, at its first ses¬ 
sion, proposed twelve amendments, ten of which, being the 
first ten in the list of amendments, were ratified by the 
requisite number of states. Vermont having been admitted 
since the adoption of the constitution, the ratifications of 
eleven states were necessary. Virginia, the eleventh state, 
ratified the 15th of December, 1191. The amendments had 
been proposed at the session which commenced the 4th of 
March, 1189. Most of these articles of amendment are the 
same as are found in the “ bills of rights” in the constitu¬ 
tions of the states. 

§ 2. The 1st article of amendment guaranties freedom n 
~eligion; freedom of speech and of the press; and the right of 



178 CITIZEN’S MANUAL. [Chap. XLIV 

•petition. The first two of these rights are elsewhere con* 
sidered. (Chap. XLV.) The other, which is “ the right of 
the people peaceably to assemble, and to petition the gov¬ 
ernment for a redress of grievances,” is so essential to civil 
liberty, and so evidently just, that it can be hardly presumed 
that any interference with it would ever receive the sanc¬ 
tion of law, had no declaration of the right been made. 

§ 3. The 2d article declares “ the right of the people to leal 
arms?' Without this right on the part of the people, ambi 
tious men might, by the aid of the regular army, subvert 
public liberty, and usurp the powers of government. 

§ 4. The 3d article declares that 11 no soldier shall, in time 
of peoxe, he quartered in any house without the consent of the owner t 
nor in time of war, hut in a manner to be prescribed by law .” An 
important right of the common law is, that “ a man’s house 
is his own castle.” Among the grievances enumerated in 
the Declaration of Independence against the king of Great 
Britain, was one “for quartering large bodies of armed 
troops” among the people of the colonies. To secure the 
people against intrusions of this kind, is the object of this 
prohibition. 

§ 5. Article 4th guaranties 11 the right of the people to be secure 
in their persons , houses, papers, and effects, against unreasonable 
searches and seizures .” But such security there could not be, 
if persons could be arrested under a general authority given 
to an officer, or if warrants could be issued upon a bare ap¬ 
plication. Innocent men would often be subjected to much 
trouble and perplexity ; and unjust suspicions would be 
thrown upon their characters. It is therefore properly pro¬ 
vided, that “ no warrants shall issue, but upon probable 
cause, supported by oath or affirmation, and particularly 
describing the place to be searched, and the persons or 
things to be seized.” 

§ 6. Article 5th declares that “ no person shall be held to 
answer for a capital or other infamous crime, unless on a present¬ 
ment or indictment of a grand jury,” except in certain extra¬ 
ordinary cases. Grand juries and their duties have been 
described. (Chap. XXVII.) The chief object of an indict¬ 
ment before trial is not to guard against the conviction of 
innocent persons, but to prevent their being subjected to 
the trouble of defending themselves in cases of prosecution 
originating in mere suspicion, or instigated by malice or. 


Chap. XLIV. 1 GOVERNMENT OF THE U. STATES. 


179 


revenge. “ Nor shall any person be subject, for the same offense, 
to be twice put in jeopardy of life or limb.” But it is not con¬ 
sidered a second trial, in the sense of the constitution, when 
the jury on the first prosecution has been discharged with¬ 
out giving a verdict, or when a new trial is granted in be¬ 
half of a person convicted, before the judgment of the for¬ 
mer trial has been executed. The propriety of securing to 
the people, beyond doubt, the remaining rights mentioned 
in this article, and those stated in the next, is evident upon 
the slightest consideration. 

§ 7. “In suits at common law, where the value in controversy 
shall exceed twenty dollars , the right of trial by jury shall be pre¬ 
served.” (Amend, art. 7.) The right of trial by jury in civil 
cases had not been declared in the constitution ; and to 
allay the fears caused by the want of an express guaranty 
of this right, this amendment was proposed. By “ suits at 
common law ” are meant those tried in the ordinary courts 
of law, as distinguished from those tried in courts of equity 
and courts of admiralty. It is further declared, that “ no 
fact tried by a jury shall be otherwise reexamined in any court of 
the United States, than according to the rules of the common law.” 
This means, that when a court of the United States exercises 
appellate jurisdiction, the fact, if tried by a jury in the lower 
court, must be reexamined in the appellate court according 
to the rules of the common law ; that is, by a new trial by 

jury. 

§ 8. The 8th amendment declares that 11 excessive bail shall 
not be required , nor excessive fines imposed, nor cruel and unusuat 
punishments infiicted.” Without the first of these restrictions, 
the sums in which persons charged with crime shall be re¬ 
quired to give bail, might be fixed so high as to prevent 
their procuring the necessary sureties ; thereby depriving 
them of the privilege of enjoying their liberty until the time 
of trial, and often subjecting innocent persons to a long im¬ 
prisonment. It is therefore properly left to the court to 
determine the sum, which should correspond to the nature 
and aggravation of the offense. The same discretion is 
given to the courts as to the precise measure of punishment 
to be inflicted in each particular case of crime. 

§ 9. The 9th article of amendment declares, that “ the 
enumeration, in the constitution, of certain rights, shall not be con¬ 
strued to deny or disparage others retained by the people.” There 


180 


CITIZEN’S MANUAL. 


[Chap. XLI? 


were persons who feared that, because the constitution 
enumerated certain rights as belonging to the people, those 
not included in the enumeration were to be considered as 
having been surrendered to the general government. Al¬ 
though the nature of the constitution does not afford just 
ground for such an inference, the article was inserted to 
remove the scruples of those whose jealousy for the rights 
of the people had induced them to look upon the constitution 
with disfavor. 

§ 10. The 10th amendment has nearly the same object as 
the preceding. “ The powers not delegated to the United States 
by the constitution, nor prohibited by it to the states, are reserved to 
the states respectively, or to the people” It has already been ob¬ 
served, that the constitution of the United States is an in¬ 
strument of delegated, and consequently of limited powers ; 
and that, as its powers are derived from the states, or from 
the people of the states, it necessarily follows, that all 
powers not delegated or conferred, are withheld, and belong 
* to the states, or to the people. This article, therefore, is 
useful merely as declaring a rule of construction of the con¬ 
stitution, and as removing a material ground of opposition 
to it. But the granting of any power to congress does not 
forbid the exercise of a similar power by the states. The 
states retain such power, unless the constitution has in ex¬ 
press terms given it exclusively to congress, or unless its 
exercise is prohibited to the states, or unless its exercise by 
the states is inconsistent with its exercise by congress. 

§ 11. The 11th amendment was proposed at the first ses¬ 
sion of the third congress, March 5, 1794, and the announce¬ 
ment of its ratification by the constitutional number of 
states, was made by the president to congress in a message 
dated the 8th of January, 1798. This amendment declares 
that suits in law or equity shall not be “ commenced or prosecuted 
against one of the states by citizens of another state ” The 2d 
section of the 3d article of the constitution, extends the 
judicial power of the United States to controversies “ be¬ 
tween a state and citizens of another state and of foreign 
states.” It became a question whether, under this provision, 
suits could be brought against a state, as well as by it. A 
majority of the supreme court so decided. As many suits 
were pending against several of the states ; and as their 
liability to be frequently harassed by suits brought against 


Chap. XLY.] COMMON AND STATUTORY LAW. 


181 


them created great alarm, this amendment was proposed 
and ratified, by which the right of private persons to bring 
or commence a suit against a state is taken away. 

§ 12. The 12th and last amendment prior to the civil 
war effects a change in the mode of electing the president 
and vice-president of the United States, and has been 
considered. (Chap. XXXIX.) This amendment was pro¬ 
posed at the first session of the eighth congress, December 
12, 1803, and was adopted by the requisite number of 
states in 1804, according to a public notice by the secre¬ 
tary of state, dated the 25th of September of the same 
year. 

§ 13. The 13th amendment of the constitution, passed 
December 18, 1865, abolished slavery throughout the 
whole of the United States : “ Neither slavery or invol¬ 

untary servitude, except as a punishment for crime, 
whereof the party shall have been duly convicted, shall 
exist in the United States or any place subject to their 
jurisdiction.” The vast change in the political and social 
organization of the republic made by this fundamental 
law was completed by the fourteenth and fifteenth amend¬ 
ments of the constitution, passed in 1868 and 1870, which 
gave to the former slaves all the rights and privileges of 
citizenship. 

§ 14. The 14th amendment declares that “ all persons 
born or naturalized in the United States are citizens 
thereof and of the state in which they reside, and no 
state shall deny such citizens due and equal protection 
by laws, nor deprive them of life, liberty, or property 
without due process of law.” It orders, further, that 
representation shall be apportioned among the several 
states, according to their respective numbers, counting 
the whole number of persons in each state. 

§ 15. Finally the 15th amendment, ratified March 30, 
1870, enacts that, “ The right of citizens of the United 
States to vote shall not be denied or abridged by the 
United States or by any state on account of race, color, 
or previous condition of servitude.” Under this las.t 
amendment to the constitution, all the citizens of the 
United States, except untaxed Indians, are admitted to 
the franchise. 


182 


CITIZEN’S MANUAL. 


[Chap. XLV. 


§ 16. The constitution in its amendments presents a 
succinct epitome of the social and political changes in the 
history and growth of the nation. Each amendment may 
he considered as the logical outgrowth of some crisis in 
national life, and was only adopted as an actual and in¬ 
dubitable necessity, sometimes in spite of fierce opposition 
and the reluctance of large minorities. There has always 
been a great hesitation in tampering with the letter of the 
constitution, not merely from hereditary and traditional 
reverence for the work of the great statesman who brought 
our government and policy into being, but also from a 
wise fear of cutting loose from well established landmarks, 
and setting revolutionary precedents in politics. 

§ 17. At the time of the formation of the constitution 
there were two great philosophical tendencies in politics, 
which were embodied in the two parties, the federalist 
and the republican. The first of these found its mouth¬ 
piece in Alexander Hamilton, the second in Thomas Jef¬ 
ferson. Each party fought ardently to engraft its prin¬ 
ciples in the constitution about to be adopted, and the 
result was a compromise, though the substantial victory 
was with the Jeffersonian school of statesmen. Hamilton, 
a man of profound and comprehensive intellect, was a 
warm admirer of the English government, and believed in 
a highly centralized republic where the substantial power 
should be in the hands of congress and the executive, and 
the rights of the states should be curtailed to the mini¬ 
mum which a fair regard for the republican form would 
allow. Jefferson, on the other hand, was in thorough 
sympathy with the principles of the French revolution, 
and was disposed to carry the ideal form of democracy 
to the fullest possible extent. The political literature of 
this great controversy was bitter and aggressive in the 
extreme and was vivified with an animus so personal 
and intense as in many cases to lead to encounters in the 
field between the leaders in the strife. The wisdom and 
moderation of such men as Washington, Jay, and Madi¬ 
son, however, succeeded in softening the rival principles 
into the admirable compromise known as the constitution. 

§ IS. The constitution leaves to the states all the rights 
and privileges of self-government, except in so far as the 


Chap. XLV.] COMMON AND STATUTORY LAW. 


183 


general interests of the commonwealth and those ties 
which make them a united government are concerned. 
In other words, all powers are reserved to the states ex¬ 
cept such as are expressly delegated to the general gov¬ 
ernment, these being rigidly defined. There was a fear 
in the infancy of the nation that sooner or later there 
might be a disposition on the part of ambitious chiefs 
under the forms of law to trench on the liberties of the 
people. It was attempted to prevent this by a rigid 
definition of constitutional powers, though the right of 
amendment was amply provided for. 


COMMON AND STATUTORY LAW. 


CHAPTER ILY. 

RIGHTS OF PERSONS ; FREEDOM OF SPEECH AND THE PRESS ; 

HABEAS CORPUS ; LIBERTY OF CONSCIENCE. 

§ 1. In the foregoing chapters, we have taken a general 
view of the government of a state, and of the government 
of the United States. We have seen how, in each of these 
governments, the several departments, legislative, exe¬ 
cutive, and judicial, are constituted, and what are the 
powers and duties of the officers in these departments ; 
and how the general affairs of these governments are con¬ 
ducted. We now proceed to give an abstract of the laws 
which more particularly define the rights, and prescribe the 
duties, of citizens in the social and domestic relations. 

§ 2. The laws by which the rights of citizens are secured, 
and their social intercourse is regulated, are, first, statute 
laws, the laws enacted by the legislature, and duly pub¬ 
lished ; secondly, the common law , which is not a code of 
written laws enacted by a legislature, but which consists 
of rules that have become binding by long usage and gen- 
eral custom. The comnon law of this country is the same 
as that of England, having been introduced and established 




184 


CITIZEN’S MANUAL. 


[Chap. XLV 


here while the people were subject to that country ; and 
it is still considered the law in all cases in which it has 
no t been altered or repealed by constitutional or legis¬ 
lative enactments. 

§ 3. The rights of citizens are either -ights of person oi 
rights of property. By the rights of person, or personal rights , 
we mean the right to be free to think, speak, and act as 
we please, and the right to be secure from injury to our 
bodies or persons and our good names. The righ t of prop¬ 
erty is the right to acquire, hold, and enjoy property. All 
laws may therefore be considered as being intended to se¬ 
cure either the one or the other of these classes of rights. 

§ 4. Among the most valuable rights of person, is the 
right of every citizen “ freely to speak, write, and publish 
his sentiments” on all subjects ; usually termed, “ the liber¬ 
ty of speech and of the press” The word press is here used in 
its more comprehensive sense, denoting the general busi¬ 
ness of printing and publishing : hence, the liberty of the 
press is the free right to publish books or papers without 
restraint, except such as may be necessary to prevent in¬ 
fringements of the natural rights of other men. 

§ 5. It was formerly common among the monarchical gov¬ 
ernments of Europe, to prohibit persons from speaking 
against the sovereign or his government. Books and pa¬ 
pers could not be published until they had been examined 
and approved. The persons authorized to examine the 
manuscripts, were called censors. With the progress of 
free principles, however, these restrictions upon the free¬ 
dom of speech and of the press have been, in most of these 
countries, essentially relaxed or entirely removed. 

§ 6. In the United States, no law can be passed which 
shall prevent the humblest citizen from censuring the con¬ 
duct of the highest officer of the government. Men may 
not, however, speak or publish against others whatever they 
please. While the constitution guaranties freedom of speech 
and of the press, it makes men “ responsible for the abuse 
of that right.” Without some restraint, men might, by false 
reports or malicious publications, injure the good name, the 
peace, or the property of others. Nor may they, in all cases, 
even speak the truth of others to their injury. 

§ 1. To defame another by a false or malicicus statement 
or report, is either slander or libel. When the offense con- 


Chap. XLV.] COMMON AND STATUTORY LAW. 


185 


sists in words spoken, it is slander; when in words written 
or printed, it is called. libel. As a slander in writing or in 
print is generally more widely circulated, and likely to do 
greater injury, it is considered the greater offense. Hence 
damages may sometimes be recovered for slanderous words 
printed, when for the same words merely spoken, a suit 
could not be maintained. In case of slander, a man is liable 
only for damages in a civil action ; but for libel, a person 
is not only liable for private damages, but he may also be 
indicted and tried as for other public offenses. 

§ 8. By the common law of England, the libel was con¬ 
sidered as great when the statement was true as when 
false, because the injury might be as great; therefore, when 
prosecuted for libel, a man was not allowed to prove to the 
jury the truth of his statement. But it may sometimes be 
proper to speak an unfavorable truth of others. In most 
of the states, therefore, it is provided by law or by their 
constitutions, that “ the truth may be given in evidence to 
the jury ; and if the matter charged as libelous is true, and 
was published with good motives and for justifiable ends, 
the part}' shall be acquitted.” In the state of Vermont, 
however, and perhaps a few other states, if the party prose¬ 
cuted proves the truth of his statement in any case, he is 
acquitted. 

§ 9. Another valuable personal right is the privilege of 
the “ writ of habeas corpus .” This is a Latin phrase, and 
means, have the body. This privilege was long enjoyed by 
the people of Great Britain before the settlement of the colo¬ 
nies, and by the colonists, as British subjects, to the time 
of their independence. It was natural, therefore, that the 
latter, in establishing governments for themselves, should 
insert in their constitutions a provision guarantying so valu¬ 
able a right. 

§ 10. A person committed, confined, or restrained of his 
liberty, for a supposed criminal matter, or under any pre¬ 
tense whatsoever, may, before the final judgment of a court 
is pronounced against him, petition a competent court or 
judge, stating the cause of complaint. The judge then 
issues a writ against the party complained of, commanding 
him to bring before the court or judge, the body of the 
person confined ; and if he shall refuse to do so, he may be 
imprisoned. If, upon examination, it appears that the corn- 


186 CITIZEN’S MANUAL. [Chap. XL VI 

plainant has been illegally confined, the judge may discharge 
him. 

§ 11. Liberty of co7iscience is the liberty to discuss and 
maintain our religious opinions, and to worship God in 
such manner as we believe most acceptable to him. His¬ 
tory informs us of countries in which the people have been 
prohibited the enjoyment of this most valuable of all human 
rights. Even in some called Christian, thousands have been 
put to death for the expression of their religious opinions. 
But the rights of conscience are now more extensively 
tolerated. In some countries, however, there is still an 
established religion ; that is, some religious denomination 
receives the support of the government, as in Great Britain. 
This is called “ a union of church and state.” But in this 
country, the government does not interfere in religious 
matters, except to secure to every denomination, “ without 
discrimination or preference, the free exercise and enjoy¬ 
ment of religious worship.” 


CHAPTER XLYI. 

DOMESTIC RELATIONS.—MARRIAGE, AND THE RELATION OF 
HUSBAND AND WIFE ; PARENT AND CHILD ; GUARDIAN 
AND WARD ; MINORS ; MASTERS, APPRENTICES AND SER¬ 
VANTS. 

§ 1. To make avmarriage contract binding, several things 
are necessary : Persons must have sufficient understanding 
to transact the common business of life ; hence, lunatics 
and idiots cannot bind themselves in marriage. The parties 
must not be nearly related to each other. The laws of the 
states generally declare at what degrees of relationship 
persons are forbidden to marry. Persons must be of suffi¬ 
cient age. In states where the age of consent, (as it is 
called,) is not fixed by statute, the common law must gov¬ 
ern, which allows males to contract marriage at the age of 
fourteen years, and females at the age of twelve. Persons 
must act freely. If the consent of either party has been 




Chop XLVI.] COMMON AND STATCTORl LAW. 187 

obtained by force or by fraud, the marriage may be declared 
void. p. 275. 

§ 2. No person can lawfully marry who has a wife or 
husband living. Su di second marriage is, by the common 
law, null and void. In some of the states, perhaps most of 
them, it is declared polygamy, and a state prison offense, ex¬ 
cept in certain cases ; as when the husband or wife of the 
party who remarries is long absent, and the party remarry¬ 
ing does not know the other to be living within the time ; 
or when the former marriage has been lawfully annulled or 
dissolved ; or if the former husband or wife of the party re¬ 
marrying has been sentenced to imprisonment for life, and 
perhaps a few other cases, differing somewhat in different 
states. In case, however, a marriage has been annulled or 
dissolved for the cause of adultery, the criminal party is, in 
some states at least, not allowed to remarry. Where there 
is no state regulation, the common law governs, which is 
that nothing but death, or the decree of a competent court, 
can dissolve the marriage tie. p. 276. 

§ 3. The manner in which marriages are to be solemnized, 
and by whom, and the manner in which marriage licenses 
are obtained, or notices of marriage published, (which are 
required in some states,) are prescribed by the laws of the 
states in which such regulations exist. Marriages may be 
solemnized by ministers of the gospel, judges, justices of 
the peace, and certain other officers. But a simple consent 
of the parties, declared before witnesses, renders a mar¬ 
riage lawful, p. 276. 

§ 4. The husband and wife are in law regarded as one 
person. By the common law, the husband has a right to 
'the property of the wife which she had before marriage. 
He has a right to the use and profits of her real estate, dur¬ 
ing his life, if he shall die before his wife ; in which case 
she takes the estate again in her own right. If the wife 
dies first, and there are no children, her heirs immediately 
take the estate. If there are children living, the husband 
holds the estate for life ; and on his death it goes to the 
wife or her heirs. 

§ 5. A husband cannot sell the real property of his wife, 
unless she joins with him in the deed. But her'chattels 
real, which are leases for years, and all her personal estate, 
including debts due her by bond, note, or otherwise, when 


188 


CITIZEN’S MANUAL. 


[Chap. XLVL 


collected by him, become his ; and he may dispose of them 
as he pleases ; and they may be sold on execution for his 
debts. If he makes no disposal of the chattels real in his 
life time, he can not devise them by will ; and the wife, 
after his death, takes them in her own right. If he shall 
survive his wife, he acquires an absolute right to them. 

§ 6. This provision of the common law which gives to the 
husband the possession and disposal of the property of the 
wife, has been repealed by special enactments in most of 
the states. By these state laws, the rea 1 and personal pro¬ 
perty of the wife owned by her before marriage, or lawfully 
conveyed to her by any other person than her husband after 
marriage, together with the rents and profits of such pro¬ 
perty, is declared to be her own, and not liable for the debts 
of her husband ; except in a few cases specified in the laws 
of each state : and she may dispose of the same by will, or 
otherwise, p. 277. 

§ 7. As the husband, where the common law prevails, ac¬ 
quires, by marriage, an interest in his wife's property, he 
is obliged to pay her debts contracted before marriage ; 
but if they are not recovered of him during coverture, he 
is discharged. Coverture , in law, is the state of a married 
woman, considered as under cover, or under the power of her 
husband, p. 277. 

§ 8. It is the duty of the husband to maintain his wife ; 
and he is bound to pay debts which she may contract for 
necessaries, but for nothing more. And it seems to be the 
law, that even if he forbids all persons to trust her, she can 
bind him for necessaries, if they have become separate 
through fault on his part. If they part by consent, and he 
secures to her a separate maintenance, and pays it ac¬ 
cording to agreement, he is not answerable even for neces¬ 
saries. p. 278. 

§ 9. The husband and wife can not be witnesses for or 
against each other in a court of justice ; but any declara¬ 
tions which a wife makes when acting as the agent of her 
husband, may be taken as evidence against him. 

§ 10. It is the natural and reasonable duty of parents to 
maintain and educate their children, until they become of 
suitable age to provide for themselves. The age at which 
the obligations of parents, as guardians of their children, 
end, is twenty-one years, which is called the age of majorVa 


Chap. XLVI.] COMMON AND STATUTORY LAW. 189 

when persons are said to be of age. Hence, under twenty- 
one they are in law called infants , or minors, and are said 
to be in a state of minority. In Vermont and Ohio, females 
at the age of eighteen years are of age. 

§11. As parents are bound to support their minor chil¬ 
dren, they have a right to their labor ; and they may recover 
the money for the wages of their children, from any person 
employing them without their parents’ consent. A parent 
is not bound to pay even for necessaries sold to a child, 
unless a child had authority from the parent, or unless the 
parent neglected to provide for the child, or forced him 
from home by severe usage. When a child is obliged to 
support himself, he is entitled to his own earnings. A se¬ 
cond husband is not bound to support the children of his 
wife by a former husband. If, however, he receives such 
children into his family, he is liable to support them as his 
own. 

§ 12. In ordinary cases, a father’s obligation to main¬ 
tain his children ceases when they become of age, however 
wealthy he may be. If, however, he has a poor, blind, 
or decripit child who, though in his majority, is unable to 
maintain himself, he is bound, if able, to support such adult 
child, and not allow him to become a public charge. 

§ 13. The father is the natural guardian of a child, and 
after his death, the mother. But a father may, by his deed, 
or last will, dispose of the custody and tuition of a minor 
child, while under twenty-one years, to another person, 
who then has the care and management of the minor’s per¬ 
sonal estate, and of the profits of his real estate, during the 
time for which the disposal was made. Such person is 
then guardian , and the child is called ward. 

§ 14. If the father dies before the child is of age, and 
does not by will appoint a guardian, the mother becomes 
the guardian of the child, and in some cases of his property 
also, until he arrives at the age of fourteen years, when he 
may choose a guardian for himself. When an infant be¬ 
comes possessed of*an estate in lands, if there is no father, 
the mother has the guardianship of the estate ; and if there 
is neither father nor mother, then the nearest and eldest 
relative takes the guardianship of such estate. 

§ 15. The statutes of the several states do not declare 
how far minors may bind themselves by contract or agree* 


190 


CITIZEN’S MANUAL. 


[Chap. XLVI 


rnent. In such case, the common law must determine. In 
general, a minor is not bound by a bargain which he may 
make ; but if he agrees, after becoming of age, to fulfill a 
contract which he made while a minor, he must do so. 
And if he has no father or other guardian, he is bound to 
pay for articles actually necessary for him. But the per¬ 
son who trusts him must make inquiry ; and if the minor 
has been properly supplied by his friends, the person trust¬ 
ing him can not recover ; nor can he in any case recover 
more than the actual value of the goods sold to the minor. 

§ 16. But minors are responsible for the payment of fines ; 
and they may be prosecuted and tried for acts of fraud and 
crime. It is not easy, however, to determine, from the 
practice of courts of law, in what particular cases a minor 
is or is not accountable for fraudulent acts. His age, and 
the circumstances in which he was placed, might be such 
as to free him from obligation ; but for an act of gross and 
palpable fraud, committed by an infant who has arrived at 
the age of discretion, he would be responsible. 

§ It. In general, male infants, and unmarried females 
under eighteen years, may, of their own free will, bind 
themselves, in writing, to serve as apprentices or servants, 
in any trade or employment ; males, until the age of twen¬ 
ty-one, and females, until the age of eighteen, or for a 
shorter time. A minor thus binding himself must have the 
consent of the father ; or if the father is dead, or disquali¬ 
fied by law, or neglects to provide for his family, then con¬ 
sent must be had of the mother ; or if the mother is dead 
or disqualified, then of the guardian. 

§ 18. Children that have become chargeable to the town 
or county for their support, may be bound out by the prop¬ 
er officers having charge of the poor And the laws of the 
states generally require, that a person to whom a child is 
bound, shall agree to cause such child to be taught to read 
and write, and also to be instructed in the general rules of 
arithmetic. The laws of some states do not require in¬ 
struction in arithmetic in the case of female apprentices. 

§ 19. The laws also provide for compelling both parties 
to fulfill their obligations. Masters have a right to cor¬ 
rect their apprentices with moderation for negligence or 
misbehavior ; and they may recover damage at law of 
their apprentices for wilful absence. On the other hand, a 


Chap .XLVI.] COMMON AND STATUTORY LAW. 


191 


master may be prosecuted for ill usage to his apprentice, 
and for a breach of his covenant. A master is liable to pay 
for necessaries for his apprentice, and for medical attend¬ 
ance ; but he is not oo liable in the case of a hired servant. 

§ 20. When an apprentice becomes immoral or disobe¬ 
dient, investigation may be had of the matter by the proper 
authorities, and if good cause exist, the indenture may be 
annulled, and the parties discharged from their obligations. 
Upon the death of a master, an apprenticeship is dissolved. 

§ 21. There is, it is believed, no statute law in any state 
particularly defining the rights and obligations of hired 
servants and the persons employing them. Both are obliged 
to fulfill their agreement. If a hired servant leaves the ser¬ 
vice of his employer, without good cause, before he has 
worked out the time for which he was hired, he can not re¬ 
cover his wages. And for immoral conduct, wilful disobe¬ 
dience, or habitual neglect, he may be dismissed. On the 
other hand, ill usage, or any failure oi> the part of the em¬ 
ployer to fulfill his engagement, releases the laborer from 
his service. 

§ 22. How far a master is answerable for the acts of his 
hired servant, is not clear. As a general rule, however, the 
master is bound by contracts made, and liable for injuries 
done, by a servant actually engaged in the business of his 
master, whether the injury proceeds from negligence or 
from want of skill. But for an injury done by a wilful act 
of the servant, it is considered that the master is not liable. 
If the servant employs another to do his business, the mas¬ 
ter is liable for the injury done by the person so employed. 
But a servant is accountable to his master for a breach of 
trust, or for negligence in business, or for injuring another 
person in his masters business. 


192 


CITIZEN’S MANUAL. 


[Chap. XLVII 


CHAPTER XL Y11. 

RIGHTS OF PROPERTY.—TITLE TO PROPERTY BY DESCENT, 
OR INHERITANCE ; WILLS AND TESTAMENTS. 

§ 1. Every citizen of the United States may hold lands, 
and take the same by descent, devise, or purchase. To take 
land by descent, is to obtain it by inheritance. When a 
person, dying, makes no previous disposal of his property, 
it falls, or descends , by right, to his children or other rela¬ 
tives : hence they are said to become heirs to the property 
by descent. But a person may direct his property to be given, 
after his death, to whomsoever he pleases. This is called 
devising property, or bequeathing it; and the person receiving 
the property is said to have acquired it by devise. A person 
paying for property an equivalent in money or some other 
property, obtains it by 'purchase. 

§ 2. But though every citizen of the United States may 
hold real estate, and convey it to others, the like privilege 
is not enjoyed by all aliens. By the common law, aliens can 
not hold and convey real property. In many states, how¬ 
ever, laws have been enacted removing this disability. On 
declaring their intention to become citizens, and complying 
with certain regulations prescribed by law, an alien acquires 
the right to take and hold real estate to himself and his 
heirs forever. 

§ 3. The laws of each state prescribe the order in which 
the property of intestates descends to their heirs. A testa¬ 
ment, or will , is a written instrument, in which a person de¬ 
clares his will concerning the disposal of his property after 
his death. The word testament is from the Latin testis, 
meaning witness : hence the application of the word to this 
instrument, which is the witness or proof of a person’s will. 
The person making a will is called testator ; a person dying 
without making a will or testament, is called an intestate. 

§ 4. The order in which the real estate of an intestate 
descends, being to a great extent determined by the laws 
of the states, is not uniform in this country. In general, 
however, the property of an intestate descends, first, to his 
lineal descendants ; that is, persons descending in a direct 


Chap. XLYII.] COMMON AND STATUTORY LAW. 193 

line, as from parents to children, and from children to grand¬ 
children. The lineal descendant most nearly related to the 
intestate, however distant the relation may be, takes the 
property. 

§ 5. If any children of an intestate are dead, and any are 
living, the inheritance descends to the children living, and 
to the descendants of the children dead ; so that each child 
living shall receive such share as he would receive if all 
were living, and the children of those who are dead, such 
share as the parents would receive if living. Thus, suppose 
an intestate to have had three sons, one of whom is dead, 
but has left children. In this case, each of the sons living 
would share one-third of the property, and the children of 
the other son would have the remaining third. 

§ 6. But if the children are all dead, and there are grand¬ 
children living, the grand-children share equally in the in¬ 
heritance, though not an equal number are children of each 
parent. If, for example, A dies intestate, leaving two sons, 
B and C, both of whom die, the one leaving three children, 
and the other two, the five share equally in the estate. If, 
however, B, having three children, were living, and C were 
dead, leaving two children ; then one-half of the property 
would descend to B, the son, and the other half to the two 
grand-children, the children of C. p. 278. 

§ 7. The order of descent is so various in the different 
states, especially in cases in which there are no lineal de¬ 
scendants of an intestate, that it can be ascertained only by 
reference to the laws of each state. As a general rule, 
however, the inheritance passes, (1.) to the lineal descend¬ 
ants of the intestate ; (2.) to the father ; (3.) to the mother ; 
(4.) to the collateral relatives. But even to this general 
rule, there are exceptions in the laws of some states, p. 278 

§ 8. All persons of full age and sound mind, except mar¬ 
ried women, may give and bequeath real and personal estate 
by a last will and testament. In many of the states, perhaps 
in most of them, personal estate may be willed by persons 
at an earlier age. In a few states, females at eighteen may 
make a will of real and personal estate. In Connecticut, 
married women may dispose of real and personal estate by 
will, as any other person ; and infants of either sex may 
bequeath personal estate at seventeen. In Ohio and some 
other states, personal estate may be willed verbally, if the 


194 


CITIZEN’S MANUAL. 


[Chap. XLVII. 


will is reduced to writing within ten days after speaking 
the testamentary words, and subscribed by two disinterested 
witnesses. 

§ 9. In most of the states, laws have been recently enact* 
ed, by which married women are allowed to hold, in their 
own exclusive right, all the property, real and personal, 
which they possessed at the time of marriage, and which 
they may acquire after marriage. (See Chap. XLYI § 6.) 
With the right of possession is also given, in most of these 
states, the power of disposing of the property by will. 

§ 10. A will devising real estate must be subscribed by 
at least two attending witnesses, in whose presence the 
testator must subscribe the will, or acknowledge that he 
subscribed it, and declare it to be his last will and testa¬ 
ment. In the six New England states, and several others, 
three subscribing witnesses are necessary. If the testator 
is unable to sign his will, another person may write the 
testator’s name by his direction ; but he should sign his 
own name as witness to the will. p. 282. 

§ 11. A testator may revoke or alter his will, by a later 
will or writing, executed in the same manner. But the sec¬ 
ond will, to revoke the former, must contain words express¬ 
ly revoking it, or direct a different disposal of the property. 
A will may also be revoked by a sale of the property. And 
any alteration of the estate or interest of the testator in 
lands devised, by the act of the testator, is held to be an 
implied revocation of the will. Lands purchased after a 
will has been made, are not conveyed by it. 

§ 12. As a general rule, a will is also revoked by the 
subsequent marriage of the testator and birth of a child. 
These circumstances, not contemplated at the time of mak¬ 
ing his will, and imposing upon him new duties and obli¬ 
gations, are presumed to have altered the testator’s mind. 
If, however, the wife and child have been otherwise pro¬ 
vided for, marriage and a child will not revoke a will. 
The will of an unmarried woman is revoked by her mar¬ 
riage. 

§ 18. By the statutes of some states, a child born after 
the death of the testator, or born in his lifetime am} after 
the making of the will, inherits a share of the estate, as if 
ttie father had died intestate. In other states, the statute 
•$oes further, and gives the same relief to all the children 


Chap. XLVII.] COMMON AND STATUTORY LAW. 195 

who are not provided for by will, and who have not had 
their portion in their parent’s lifetime. 

§ 14. A codicil is an addition, or supplement to a will, and 
must be executed with the same solemnity. It is no revo¬ 
cation of a will, except in the precise degree in which it is 
inconsistent with it. 

§ 15. After the death of a testator who has bequeathed 
any real or personal estate, any executor, or any person in¬ 
terested in the estate, may have the will brought before the 
court for probate, which means proof. (See Chap. XXVII, 
§ 14.) The court causes the witnesses to the will, and such 
others as any person interested may desire, to come before 
the court to be examined. An executor is a person named 
in the will of a testator, or otherwise appointed, to carry 
the will into effect. 

§ 16. When a will has been duly proved and allowed, the 
court issues letters testamentary to the executor. Letters 
testamentary give to an executor authority to carry a will 
into effect, and to settle the estate of the deceased. If the 
person named in the will refuses to act, or is not lawfully 
qualified, the court appoints a person, who, in that case, is 
called administrator ; and the court issues letters of administra¬ 
tion with the will annexed. It is the duty of an executor to 
follow the directions of a will, so far as it goes ; and in the 
rest of his duties, he must be governed by the law concern¬ 
ing administrators. 

§ 17. Letters of administration are also issued in case of 
a person dying intestate. They give to the persons ap¬ 
pointed to settle the estate of the intestate, the requisite 
authority. They are issued, first, to the widow or next of 
kin, or both, as the court may think fit. If such person or 
persons are incompetent or unsuitable, or if they refuse to 
.serve, the letters of administration are granted to such other 
person as the law designates. The law prescribes particu 
larly the manner in which the property of deceased persons 
shall be disposed of, and their debts paid. 


196 


CITIZEN’S MANUAL. 


Chap. XLVin 


CHAPTER XL V 111. 

DEEDS AND MORTGAGES, AND THE PROOF AND RECORDING 
OF THEM. 

§ 1. Every person capable of holding real property, may 
also dispose of and convey his right to such property to am 
other person. Hence, the writing by which this right is 
transferred, is called a conveyance; but more frequently the 
instrument by which a title to land is conveyed, is called 
deed , and is held by the purchaser as evidence of his title to 
the land. Without a deed, he could not hold the land 
against a subsequent purchaser having a deed. 

$ 2. Whenever, therefore, any real estate is to pass from 
one to another, the seller gives the buyer a deed. The deed 
mentions the names of the parties, the consideration or 
price paid, or to be paid, the place where the land is 
situated, and its boundaries ; and in express words 
grants and conveys all the interest of the seller or grantor 
to the purchaser, and to his heirs for ever : and the seller 
affixes his name and seal to the instrument, usually in the 
presence of one or more subscribing witnesses, p. 283. 

§ 3. But after a deed has been thus executed, the title of 
the purchaser is not secure, until the deed is recorded in 
the office of the proper recording officer of the county in 
which the land lies ; or in the office of the town clerk, in 
those states in which conveyances are required to be there 
recorded. If the land should be conveyed by the seller to 
a subsequent purchaser who should get his deed first on 
record, such purchaser would hold the land, unless, before 
purchasing, he had had notice of a sale and deed to a prior 
purchaser, p. 284. 

§ 4. In some states, however, a reasonable time is allowed 
a purchaser to get his deed on record, before he loses his 
right of possession by the earlier recording of another’s 
deed. In some others the time is fixed by law, and varies 
in the different states from fifteen days to two years. But 
a deed, though not recorded, is good against the seller or 
grantor ; and the dispossessed purchaser has a lawful claim 
against him for the value of the land. p. 284. 


Chap. XLV111.J COMMON AND STATUTORY LAW. 


197 


$ 5. Before a conveyance is recorded, the person execu¬ 
ting it must acknowledge, before a proper officer, that he 
executed the conveyance ; and the officer must certify in 
writing on the back or margin of the instrument, that the 
person did so acknowledge. In every state, cither some or 
all of the following officers may take acknowledgment: 
judges of courts and justices of the peace ; commissioners 
of deeds, appointed for that purpose ; notaries public ; 
mayors of cities and aldermen. Every deed duly acknow¬ 
ledged and delivered to the proper recording officers to be 
recorded, is, with the acknowledgment, copied at length, 
word for word, in a book provided for that purpose. 

§ 6. The deed usually given is a warranty deed , in which 
the grantor agrees that he is seized of the premises in fee- 
simple , (is the absolute owner,) and that he will warrant and 
defend the premises in the quiet and peaceable possession 
of the purchaser and his heirs, forever. A quit-claim deed 
merely conveys the interest or claim of the grantor, with¬ 
out any warranty of title against any other claimant. 

§ *1. A mortgage is a writing which conveys to another 
person a right to property as security for the payment of 
a debt, and is to have no force or effect when the debt is 
paid. A mortgage conveys land in the same manner as 
a deed ; but a condition is added, providing, that if the 
debt for which the land is pledged shall be paid by a cer¬ 
tain day, the instrument shall no longer have effect. 

§ 8. When land is sold, and any part of the purchase 
money is to be paid at a future day, the seller usually con¬ 
veys the land by deed to the purchaser ; and the purchaser 
executes a mortgage to the seller, pledging the land as 
security for the payment of the money remaining unpaid. 
A mortgage also contains a condition, that if the money 
shall not be paid according to the agreement, the mortgagee, 
or person holding the mortgage, may sell the land to raise 
the money due ; but if he sells it for more than the amount, 
the overplus must be paid to the mortgager. 

§ 9. To effect a full conveyance of real estate, a wife 
must join with her husband by signing the deed with him ; 
otherwise, if he should die in her lifetime, she would have 
for life the use of one-third of such estate. This right of a 
widow is called the right of dower. It is common, there¬ 
fore, for the wife also to sign the deed ; and she must also 


198 


CITIZEN’S MANUAL 


[Chap. XLIX. 


acknowledge, before the officer taking the acknowledg¬ 
ment, and apart from her husband, that she sig ned the deed 
freely, and without compulsion of her husband. In some 
states, the acknowledgment of the wife out of the presence 
T>f her husband is not required, p. 284-286. 


CHAPTER XLIX. 

INCORPOREAL HEREDITAMENTS ; RIGHT OF WAY ; AQUATIC 
RIGHTS; PARTY WALLS; DIVISION FENCES, &C. 

§ 1. The term, incorporeal hereditaments, may need explana¬ 
tion to some readers. A hereditament is a thing capable of 
being inherited. Land, and all things attached to it by the 
course of nature, or the hands of men ; as trees, herbage, 
water, buildings, &c., which are comprehended in the term 
real estate, are corporeal hereditaments. Incorporeal heredi¬ 
taments are inheritable rights which grow out of corporeal 
inheritances, or which consist in their use and enjoyment; 
as, the right of pasturing a common ; a right of passage 
over the land of another ; a right to the use of waters, some¬ 
times called aquatic rights, &c. 

$ 2. A right of way, is a right of private passage over 
another man’s ground. This right is sometimes granted by 
the owner of the soil; and to make it a freehold right, it 
must be created by deed, though it be only an easement 
upon the land of another, and not an interest in the land 
itself. An easement is, in general, an accommodation. In 
law, it is any privilege or convenience which one has of 
another, by grant or otherwise, as a right of way, &c. By 
the grant of an easement, the grantee acquires rfo other 
right than what is necessary to the fair enjoyment of the 
privilege. 

$ 3. If it is a mere personal right, it can not be assigned 
to any other person, nor transmitted by descent. It is so 
limited, that the owner of the right can not take another 
person in company with him ; and when he dies, the right 
dies with him. But a right of way belonging to ari estate, 



Jhap. XLIX] 


COMMON AND STATUTORY LAW 


199 


may be conveyed when the land is sold. Thus if a man 
own lot A and lot B, and he used a waj from lot A, over 
lot B, to a mill, or to a river ; and if he sells lot A, with all 
ways and easements, the grantee will have the same privi¬ 
lege of passing over lot B as the grantor had. 

§ 4. A right of way may arise from necessity. If a man 
sells a part of his land, and there is no other way to the re¬ 
maining part, he is entitled to a right of way to it over the 
land sold. And if a man sells land wholly surrounded by 
his own land, the purchaser is entitled to a right of way to 
it over the other’s ground, even though no such right is re¬ 
served. The right of way passes to the purchaser, as neces¬ 
sarily incident to the grant, or included in it. 

§ 5. If one man should give another license to conduct 
water in lead pipes through his land, the man having such 
license may enter on the land, and dig therein, to mend the 
pipes?. So if a person has a shop on another’s soil by per¬ 
mission, he has, of necessity, a right of passage to and from 
it between the highway and the shop. The general rule is, 
that when the use of a thing is granted, every thing is 
granted which is necessary to the enjoyment of its use. 

§ 6. A person has a temporary right of way over land 
adjoining a public highway, if the highway is out of repair, 
or is obstructed by snow, a flood, or otherwise. But the 
right of going upon adjoining lands does not apply to pri¬ 
vate ways. A person having a right to a private way over 
another’s land, has no right to go upon adjoining land, even 
though the private way is impassable. The reason given 

is, that the owner of the way may be bound to repair it, 
and its impassable state may be owing to his own neglect. 
But if public roads become obstructed, it is for the general 
good that the public should be entitled to pass in anothei 
direction. 

§ 7. A right of way sometimes arises by ‘prescription; 
which is the right or title to a thing derived from long uss. 
and enjoyment. A person who is in possession of an inter¬ 
est or privilege which he and those from whom he received 

it, have enjoyed, undisturbed, for a long course of }'ears, 
may, by virtue of this long use, have acquired a valid title 
to it: hence, he is said to hold it by prescription. A right 
similar to this, is that which a man acquires to land which 
has been peaceably I eld by himself, or by I’mself and pre 


200 


CITIZEN’S MANUAL. 


[Chap. XLIjL 


ceding 1 owners, for twenty years. Although the first occu¬ 
pancy was obtained without grant, the long free use of the 
land is, in law, equivalent to a grant, and implies a valid 
title. 

§ 8. Another kind of easement is the right of the public 
to the use of navigable waters. The title of owners of land 
bounded on a river, extends to the center of a stream ; but 
the public, where the river is navigable for boats and rafts, 
have a right of passage therein as a public highway. The 
proprietors of the adjoining banks may use the land and 
water, but not in a way inconsistent with the rights of the 
public. On the other hand, neither the state, nor any indi¬ 
vidual, has the right to divert the stream from its natural 
channel, and render it less useful to the owners of the soil. 

§ 9. Islands in a river belong to the persons who own the 
land on that side of the river to which they are nearest. If, 
however, they are so situated as to cover the middle of the 
river, they belong to the owner on each side. 

§ 10. Where lands are bounded by the sea, or by naviga¬ 
ble rivers where the tide ebbs and flows, the right of the 
soil extends to high-water mark ; and the shore below com¬ 
mon, but not extraordinary high-water mark, belongs to the 
public. 

§ 11. The owners of land adjoining highways, have a right 
to the soil to the center of the road : the public have only 
a right of passage while the road is continued. The owners 
of the soil may maintain a suit against any person who en¬ 
croaches upon the road, or digs up the soil, or cuts down 
trees growing on the side of the road. They may carry 
water in pipes under it, and have every use of it that does 
not interfere with the rights of the public. 

§ 12. A jparty-wall belonging equally to the owners of two 
houses, may be pulled down by the party wishing to erect 
a new house and a new wall; but he must pull down and 
rebuild the new wall in a reasonable time, and with the 
least inconvenience : and if it is clearly necessary that the 
old wall should be repaired, the other party is bound to con¬ 
tribute ratably to the expense of the new wall; but not a 
higher one than the old, nor one with more costly materials. 
jiAll extra expense must be borne by the party building the 
new wall. 

§ 13. Where the wall of the house to be pulled down be- 


Chap. XLIX.J COMMON AND STATUTORY LAW. 


201 


longs exclusively to the owner of the house, and stands 
wholly on his lot, yet if the beams of the other house rest 
upon the wall pulled down, and have done so long enough 
to establish an easement by prescription, the owner of such 
other house is entitled to have his beams inserted for a 
resting place in the new wall. 

§ 14. The owner of a house in a compact town, intending 
to pull it down, and to remove its foundations, is not liable 
for injury to the adjoining house, if he gives due notice of 
his intention to the owner of such adjoining house* and re¬ 
moves his own with reasonable care.' 

§ 15. The subject of division fences between the owners of 
adjoining lands might, from its nature, seem to require no¬ 
tice in this place ; but the obligations of the occupants of 
adjoining lands in regard to partition-fences, are almost ex¬ 
clusively the subject of statute regulations. 

§ 16. Every proprietor of lands adjoining a stream, has 
naturally an equal right to the use of the water that flows 
in the stream adjacent to his lands, “ as it was wont to 
run.” Each may use the water while it runs upon his own 
land ; but he can not unreasonably detain it, or give it 
another direction ; and he must return it to its ordinary 
channel when it leaves his estate. He can not, by dams or 
any obstruction, cause the water injuriously to overflow the 
grounds of the neighbor above him, nor so use or apply it 
as materially to injure his neighbor below him. 

§ 17. But this right to the use of waters, as an easement 
to the land, may be* acquired and lost, or abridged and en¬ 
larged, by prescription. A man may diminish the quantity 
of the water, or corrupt its quality by the exercise of cer¬ 
tain trades ; and by such use of the water for a sufficient 
length of time, he is in law presumed to have acquired it by 
grant ; and this presumption is the foundation of his right 
by prescription. The time of such use and enjoyment of 
water necessary to establish such right, is twenty years, 
except in states in which a different period is fixed by 
statute. 

§ 18. It is a general and established doctrine, that an ex 
elusive and uninterrupted enjoyment of water, or of light, 
or of any other easement, in any particular way, for twenty 
years, or for any period less than twenty years, which in 
any particular state is the established period of limitation, 


m 


CITIZEN’S MANUAL. 


[Chap. L 


is a sufficient enjoyment to raise a presumption of title, as 
against the right of any other person. The time of enjoy¬ 
ment necessary for the prescription, is deemed to be unin¬ 
terrupted, whether it has been continued from ancestor to 
heir, and from seller to buyer ; or whether the use has been 
enjoyed during the entire period by one person. 

§19. As a right may be acquired by use, so also it may 
be lost by disuse ; and as an enjoyment for twenty years 
is necessary to found a presumption of a grant, and estab¬ 
lish a right; an absolute discontinuance of the use for 
twenty years, (where a less period is not fixed by law,) 
will raise the presumption that the right has been released 
or extinguished. Thus a title to land may pass from its 
actual owner by non-occupancy for twenty years ; and a 
title to it may be acquired by an undisturbed occupant, 
who shall hold it in peaceable and uninterrupted posses* 
sion for the same number of years, p. 286. 


CHAPTER L. 

LEASES ; ESTATES FOR LIFE ; ESTATES FOR YEARS ; ESTATES 
AT WILL ; AND ESTATES BY SUFFERANCE; RENT, &G. 

§ 1. Real estate, the title to which is conveyed by deed, 
as distinguished from other estates in land, is called an 
estate of inheritance. An estate of inheritance, that is, an 
estate in lands that may be transmitted by the owner to 
his heirs, is a fee. No estate is deemed a fee, unless it may 
continue forever. When it is a pure and absolute inherit¬ 
ance, clear of any qualification or condition, it is called a 
fee-simple. 

§ 2. An interest in lands which is to continue for a lim¬ 
ited period, is usually conveyed by an instrument of wri¬ 
ting, called lease. To kase means to let; but generally, to 
let real estate to another for rent or reward. The word de¬ 
mise is often used instead of lease. The landlord, or per¬ 
son letting the estate, is called lessor ; and the tenant, or 
person to whom the land is leased, is called lessee Leases 
for a term longer than one year, are usually required to bo 



Chap. L.] COMMON AND STATUTORY LAW. 203 

sealed, and in some states proved and recorded also, as 
deeds and mortgages. 

§ 3. These limited interests in land are divided into estates 
for life, estates for years, estates at will, and estates by suf¬ 
ferance. An estate for life, is an estate conveyed to a per¬ 
son for the term of his natural life. Life estates held by 
lease, however, are not common in this country. Another 
kind of life estate is that which is acquired, not by the acts 
of the parties, as by lease, but by the operation of law. 
Such is the right of a husband to the real estate of his wife, 
acquired by her before or after marriage. Such also is the 
right of dower. (See Chap. XLVIII, § 9.) 

§ 4. An estate for years , is a right to the possession and 
profits of land for a determinate period, for compensation, 
called rent; and it is deemed an estate for years, though the 
number of years should exceed the ordinary limit of human 
life. An estate for life is said to be a higher and greater 
estate than a lease for years, though the lease were for a 
thousand years ; and if a lease should be for a less time 
than a year, the lessee would be ranked among tenants for 
years. Letting land upon shares for a single crop, is not 
considered a lease ; and possession remains in the owner. 

§ 5. A lessee for years may assign over his whole interest 
to another, unless restrained by agreement not to assign 
without leave of the lessor. And he may underlet for any 
less number of years than he himself holds ; but he is him¬ 
self liable to the landlord. 

§ 6. A tenant for years, whose lease expires after the land 
is sown or planted, and before harvest, is not entitled to the 
crop, if the lease is for a certain period ; for, knowing that 
his lease would expire before harvest time, he might have 
avoided the loss of his labor. It is believed that, in a few 
of the states, the tenant is entitled to the crop from grain 
sown in the autumn before the expiration of the lease, and 
cut the next summer after its expiration. But if the lease 
for years depends upon an uncertain event, the occurring of 
which would terminate the lease before the expiration of 
the term, the tenant would be entitled to the crop, if there 
were time to reap what has been sown, ir case he should 
1 ve. 

§ 7. Where there is an express agreement to pay rent, 
the tenant can not avoid payment if the premises are de- 


IITIZEN’S MANUAL. 


[Chap. 1*. 


204 

stroyed, or if he is in any other manner deprived of their en¬ 
joyment and use, even without any default on his part. 
Hence, if land should be leased, with a flock of sheep, the 
tenant having agreed to pay a certain rent, and the sheep 
should all die, the full rent must be paid. So if the land 
should be destroyed by a flood, or the tenant driven from 
it by public enemies, he would be bound to pay rent. But 
if the land should be recovered from the tenant by a per¬ 
son having a better title than that derived from his land¬ 
lord, he is not liable for rent after his use of the land has 
ceased. 

§ 8. A tenant can not make repairs at the expense of the 
landlord, or deduct the cost of them out of the rent, if there 
has been no special agreement for that purpose. But if the 
premises, from want of repair, have become unsafe or use¬ 
less, the tenant from year to year may quit without notice ; 
and he would not be liable for any rent after the use had 
ceased to be beneficial. 

§ 9. When rent is due, a tender of payment is good if 
made upon the premises ; and if no place of payment has 
been agreed on, a personal tender off* the land is also good. 
As to the time of payment, where there is no special agree¬ 
ment to the contrary, rent is due yearly, half-yearly, or 
quarterly, according to the usage of the country. Where 
there is no particular usage, the rent is due at the end of 
the year. 

§ 10. An estate at will , is where land is let to another, to 
hold at the will of the lessor. Tenancies at will, strictly 
such, are not common. Such estates, when no certain term 
is agreed on, are construed to be tenancies from year to 
y®ar ; and each party is bound to give reasonable notice of 
an intention to terminate the estate. If the tenant holds 
over after the expiration of a lease for years, either by ex¬ 
press consent of the landlord, or under circumstances im¬ 
plying consent, it is held to be evidence of a new contract 
without any definite period, and is construed to be a tenancy 
from year to year ; and in those states in which the old 
English rule prevails, six months’ notice must be given to 
the tenant to quit. 

§ 11. What turns leases for uncertain terms into leases 
from year to year, is the landlord’s reserving annual rent. 
A tenant placed on land without any terms prescribed or 


£hap LI.] 


COMMON AND STATUTORY LAW. 


205 


rent reserved, is strictly a tenant at will ; and it has been 
held, that such tenant is not entitled to notice to quit ; but 
the general rule now seems to be, that even in such case, 
the six months’ notice is necessary ; or, as in some states, 
a reasonable notice. 

§ 12. An estate, at sufferance is that which is acquired by 
a tenant who has come into lawful possession of land, but 
who holds over by wrong after his interest has ceased. He 
is not entitled to notice to quit ; and where there is no 
special statute, he is not liable for rent ; and the land¬ 
lord may enter, and remove the tenant and his goods with 
such gentle force as may be necessary. If undue force is 
used, the landlord would be liable to an action for forcible 
entry and detainer 


CHAPTER LI. 

CONTRACTS IN GENERAL ; AND WHAT IS NECESSARY TO 
THEIR VALIDITY. 

§ 1. A contract is an agreement between two or more 
persons, by which the parties agree to do, or not to do, a 
particular thing. Contracts are executory , when the stipula¬ 
tions remain to be executed, or when one party agrees to 
«ell and deliver, at a future time, for a stipulated price, and 
the other agrees to accept and pay. Contracts are express 
or implied. They are express, when the parties contract in 
express words, or by writing ; implied, when an act has been 
done which shows that the parties must have intended to 
contract ; as, when a person employs another to do some 
service, it is presumed that the party employing intended to 
pay for the labor performed. 

§ 2. Contracts are also distinguished as specialties and 
simple contracts. A specialty is a contract under seal ; as a 
deed, or bond. This class of contracts, however, it is not 
intended particularly to consider in this place. We shall 
here treat chiefly of that common class of contracts called 
simple contracts, or contracts by parol. Parol signifies by word 
of mouth. Applied to contracts, however, it not only means 



206 


CITIZEN’S MANUAL 


[Chap. LI 


verbal contracts, but includes written contracts not under 
seal. Both are simple contracts ; and the only distinction 
between them is in the mode of proof. The mutual under¬ 
standing of the parties to a verbal contract, may be proved 
6y parol evidence ; but as the real intention of parties is 
more likely to be expressed in a written contract, the rule 
of law is, that parol evidence may not be admitted to con¬ 
tradict or vary the terms of a written instrument. 

§ 3. Cases, however, sometimes arise, in which all that 
the parties intend is not comprehended in the terms, of a 
written agreement, or in which the language of the writing 
is ambiguous or obscure. In such cases, parol evidence is 
admissible, not to vary the terms of a written instrument, 
but to explain what is doubtful, or to supply some deficiency. 
To deny such evidence in cases of this kind, would endan¬ 
ger the rights and interests of one or the other of the parties. 

§ 4. To make a valid contract, the parties must be capable of 
contracting. They must be of sound mind. Hence idiots 
and lunatics are generally incompetent to make contracts. 
An idiot is a person born destitute of common sense, usually 
called a natural fool. A lunatic , or insane person, is one 
who has possessed his reason, but has been suddenly de¬ 
prived of it. It was formerly supposed that this disease 
was produced by the influence of the moon. Hence, it is 
called lunacy, from luna, the Latin word for moon. 

§ 5. If the lunacy is permanent, the lunatic is wholly in¬ 
capable of contracting. But if it is merely intermittent, or 
by turns, a contract made during a lucid interval will be 
valid. If a person is a monomaniac, that is, one who is in 
sane upon any one subject or class of subjects, he may con 
tract in relation to subjects upon which he is sane. In the 
case of idiots, the general rule is, that if there is such a 
want of intelligence as to render the party incapable of act¬ 
ing in the ordinary affairs of life, or in the particular con¬ 
tract, his idiocy will annul his contract. To invalidate the 
contract, it must appear that the party contracting did not 
at the time understand what he was about. 

§ 6. Contracts by lunatics and idiots may be considered 
as not necessarily void, but only voidable; the validity or 
invalidity depending upon facts to be proved. The person 
seeking to avoid a contract on the ground of mental imbe- 
oflity, must prove that the person contracting was at the 


COMMON AND STATUTORY LAW. 


207 


Chap. LI ] 

time incompetent. But if a general derangement is once 
established or conceded, the person is presumed to be incom¬ 
petent ; and the party seeking to enforce the contract, must 
prove the other to have been sane. 

§ 7. Drunkards, also, are incompetent to contract while 
in a state of intoxication, provided the drunkenness is so 
excessive and absolute as to deprive them of reason for a 
time, and create impotence of mind. But for absolute 
necessaries, if the drunkard consumes them during his 
drunkenness, or keeps them after becoming sober, he is lia¬ 
ble. Intoxication only renders a contract voidable, not 
void, as the party intoxicated may adopt it upon recovering 
his understanding. 

§ 8. Another requisition to a valid contract, is the mutual 
assent of the parties. A mere offer by one party not assented 
to or accepted by the other, constitutes no contract. As¬ 
sent must also be given freely. A contract entered into 
under duress, or compulsion, is not binding ; as where as¬ 
sent is extorted by threats of personal injury. Assent must 
also be given with a knowledge of facts. A contract made 
under an injurious mistake or ignorance of a material fact, 
may be avoided, even though the fact is not fraudulently 
concealed. But a mistake made through ignorance of the 
law, will not render a contract void. 

§ 9. A valuable consideration , also, is necessary to a valid 
contract. A consideration is what is given or done, or to be 
given or done, as the cause or reason for which a person 
enters into an agreement. Thus, the money given or offer¬ 
ed, for which a man agrees to perform certain acts or labor, 
is the consideration of the agreement. So the consideration 
of a promissory note is the property for which the note is 
given. A consideration may be something else than money ; 
it is sufficient if it is any thing that is either a benefit to 
the party promising, or some trouble or injury to the party 
to whom the promise is made. 

§ 10. Mutual promises, also, are sufficient considerations • 
but to be obligatory they must be made at the same time : 
and it is not sufficient if they are made on the same day, 
and at different times. But if mutual promises are made 
simultaneously, they support each other : the promise by 
on>f party constitutes a sufficient consideration for a promise 
Sy he other party. To this rule, however, there are ex 


CITIZEN’S MANUAL. 


208 


[Chap. LI 


ceptions ; one of which is, when a proposal is made by 
means of agents or letters, in case the parties are distant 
from each other. In sueh cases, if the proposition is made 
in writing, and sent by mail, and an answer of acceptance 
is written and put in the mail, the contract is complete, 
unless, before the mailing of the letter of acceptance, a sec¬ 
ond letter has been received, containing a retraction of the 
proposal. 

§11. Promises which are wholly gratuitous, are void ; 
because, being neither a benefit to the promisor, nor an in¬ 
jury to the promisee, they are not regarded, in law, as a 
valuable consideration. Hence, subscriptions to public 
works, and charitable, literary, and religious institutions, 
if they are merely gratuitous, can not be collected, unless 
they have operated to induce others to advance money, 
make engagements, or do other acts to their own injury. 

§ 12. As gratuitous promises are void for want of consid¬ 
eration, so merely gratuitous services afford no considera 
tion upon which payment for their value can be lawfully 
claimed ; there being no promise of compensation. Thus, 
voluntarily assisting to save property from fire, paying the 
debts of another without request, or securing beasts found 
straying, gives no lawful claim for recompense. But if a 
person knowingly permits another to do certain work, as 
plowing his field, or hoeing his corn, although the work 
may have been commenced without his order or request, 
his consent will be regarded, in law, as an implied promise to 
pay for the value of the labor, unless the circumstances of 
the case are such as to forbid the presumption. 

§ 13. A consideration must not only be valuable ; it must 
be possible , and in accordance with law, sound policy, and 
good morals. A contract founded upon an impossible con¬ 
sideration, is void. No man can be lawfully bound to do 
what is not in the power of man to do. But it is otherwise, 
if the thing to be done is only at the time impossible in fact, 
but not impossible in its nature. Hence, inability from 
sickness to fulfill an agreement, or the impossibility of pro¬ 
curing an article of a certain kind or quality which a person 
has agreed to deliver, would not exempt him from liability 
in damages for the nonperformance of his contract. 

§ 14. A contract, the consideration to which is illegal oi 
immoral , may be avoided by either party A man can noi 


Chap. Lll? COMMON AND STATUTORY LAW. 209 

be held to an agreement to do acts forbidden by the law of 
God, or by the laws of the state. But if an illegal contract 
has been executed ; that is, if the wrong has been already 
done, the party in the wrong cannot renounce the contract; 
for the general rule is, that no man can take advantage of 
his own wrong ; and the innocent party alone has the privi¬ 
lege of avoiding the contract. If both parties are guilty, 
neither can, in ordinary cases, obtain relief on a contract 
that has been executed, 

§ 15. The rule that a consideration is necessary to the 
validity of a contract, applies to all contracts and engage¬ 
ments not under seal, except bills of exchange and negotia¬ 
ble notes after they have passed into the hands of an inno¬ 
cent indorsee. (See Promissory Notes.) In contracts un¬ 
der seal, a consideration is necessarily implied in the solem¬ 
nity of the instrument. 

$ 16. It is declared by the English statute of frauds, which 
prevails generally in the United States, that no agreement 
that is not to be performed within one year from the time 
of making it, shall be valid, unless such agreement, or some 
memorandum or note thereof, is in writing, and signed by 
the party to be charged. The statutes of some of the states 
have adopted this provision of the English statute, and re 
quire, further, that a special promise to answer for the debt, 
default, or miscarriage of another person, and an agreement 
or promise upon consideration of marriage, except mutual 
promises to marry, shall likewise be void without such wri¬ 
ting, in which the consideration shall be expressed, p. 281 


CHAPTER LII. 

CONTRACTS OF SALE. 

§ 1. The same general principles of law which apply to 
contracts in general, are applicable to contracts of sale 
The competency of the parties contracting ; the sufficiency 
of the consideration in regard to its value, its legality and 
morality ; the assent of the parties ; and thn absence of 



210 CITIZEN’S MANUAL. [Chap. LIL 

fraud ; which are requisite to the validity of the former, are 
necessary to that of the latter. 

§ 2. A sale is a transfer of the absolute title of property 
for a certain price. Unless the absolute title is conveyed, 
the contract is merely a mortgage or bailment, and not a 
sale. To make a sale valid, several things are necessary. 
The thing to be sold must have an actual or a possible exis¬ 
tence, and be capable of delive?y. Thus, if A sells a horse or 
certain goods to B ; and if, at the time of the sale, the 
horse is dead, or the goods are destroyed ; the sale is void. 
But if the goods are partially destroyed, the buyer may 
either take them at a proportionate reduction of the price, 
or abandon the contract. 

§ 3. But, although the thing to be sold has no actual and 
present existence ; yet if its future existence is possible, 
and if it is the product or increase of something to which 
the seller has a present right, it is a subject of sale. Thus, 
a man may sell the wool that shall grow on his sheep, 
the fruit that shall grow on his trees, or the future increase 
of his cattle. But he can not sell the products of the sheep 
or cattle which he may hereafter buy. A man may, how¬ 
ever, agree to procure goods which he has not, and to fur¬ 
nish them at a future time for a certain price ; and his con¬ 
tract will be good ; though this is not strictly a sale, but 
only an agreement to sell. 

§ 4. There can be no sale without a price ; and the price 
must be fixed and definite, or susceptible of being ascer¬ 
tained by reference to some criterion prescribed in the con¬ 
tract, so as to render any further negotiation of the parties 
unnecessary. Thus, a man may agree to pay what shall be 
the market price at a particular time, or a price to be fixed 
by a third person. The price must also be payable in mo¬ 
ney or its negotiable representative, as notes or bills. One 
article given for another is merely a barter. The same prin¬ 
ciples of law, however, govern in both cases. 

§ 5. There must be a mutual consent of the parties ; and the 
contract is binding when a proposition made by one of the 
parties is accepted by the other. The negotiation of sale 
may be carried on by letter ; and the sale becomes com¬ 
plete when the buyer puts into the mail his answer accept¬ 
ing the seller’s proposition. But the buyer may retract his 
oiler at any time previous to the mailing of the buyer’s let¬ 
ter containing his assent. (See Chap. LI § 10.) 


Cta.ip Ltl.] 


COMMON AND STATUTORY LAW. 


211 


§ 6. In contracts of sale which are not perfected at once 
by payment and delivery, certain formalities are to be ob¬ 
served. These forms generally are prescribed by what is 
called the English statute of frauds, which requires, (1.) 
that the buyer shall accept and receive part of the goods 
sold ; or (2.) give something in earnest to bind the bar¬ 
gain, or in part payment ; or (3.) that some note or me¬ 
morandum in writing of the bargain shall be made and 
signed by the party to be charged, or by his authorized 
agent. These provisions, however, apply only to cases in 
which the price of the goods is ten pounds sterling, or up¬ 
ward. The same rule prevails generally in this country, 
with slight variations : The price of the goods sold in cases 
to which the provisions of that statute apply, is fixed in each 
state by law. p. 287. 

§ 7. To complete a contract of sale, and pass the title to 
the property to the buyer, there must be a delivery of the 
goods sold. When the goods are such as can not be man¬ 
ually or immediately delivered, or are not in the personal 
custody of the seller, the law does not require an actual 
delivery. But they must be placed in the power of the pur¬ 
chaser ; or there must be such acts and declarations of the 
parties as imply a change of ownership. When the right 
of property has been transferred to the buyer, whether by 
an actual or only a constructive delivery, he immediately 
assumes the risk of the goods ; so that if they shall be af¬ 
terward injured or destroyed, he must bear the loss. 

§ 8. When nothing is said at the sale as to the time of 
delivery, or the time of payment, the buyer is entitled to 
the goods on payment or tender of the price, and not other- 
vise ; for, though he acquires the right of property by the 
contract of sale, he does not acquire the right of possession , 
until he pays or tenders the price. But if the seller de¬ 
livers the goods absolutely, and without fraudulent contri¬ 
vance on the part of the buyer, the buyer will hold posses¬ 
sion of them. 

§ 9. But when goods are sold upon credit, and nothing 
is said as to the time of delivery, the buyer is immediately 
entitled to the possession. If, however, it is ascertained, 
before the buyer obtains possession of the goods, that he 
is insolvent, or that he is so embarrassed as to disable 
him from meeting the demands of his creditors, the sellei 


212 


CITIZEN’S MANUAL 


[Chap. LII 


may step the goods as a security for the price. But if 
they are stopped without good cause, or through misinfor¬ 
mation, the buyer is entitled to the goods, and to damage*, 
which he may have sustained in consequence of their stop¬ 
page. 

§ 10. In the sale of a chattel, if the seller has possession 
of the article, and sells it as his own, he is understood to 
■warrant the, title. A fair price implies a warranty of title ; 
and the purchaser may have satisfaction from the seller, if 
he sells the goods as his own, and the title proves deficient. 
But if the possession is at the time in another, and there is 
no covenant or warranty of title, the party buys at his 
peril. It is thought, however, if the seller affirms that the 
property is his own, he warrants the title, though it is not 
in his possession. 

§ 11. With regard to the quality of the thing, the seller 
is not bound to make good any deficiency, except under 
special circumstances, unless he expressly warranted the 
goods to be sound and good, or unless he made a fraudulent 
representation or concealment concerning them. The rule 
is, if there is no express warranty by the seller, nor fraud 
on his part, and if the article is equally open to the inspec¬ 
tion of both parties, the buyer who examines the article for 
himself, must abide by all losses arising from latent defects 
equally unknown to both parties. 

§ 12. But this rule does not reasonably apply to those 
cases in which the purchaser has ordered goods of a cer¬ 
tain character, or in which goods of a certain described 
quality are offered for sale, and, when delivered, they do 
not answer the description. There being no opportunity 
of examining them, there is an implied warranty of the 
quality of the article. An intentional concealment or sup¬ 
pression of a material fact, when both parties have not 
equal access to means of information, is deemed unfair 
dealing, and renders the contract void. As a general rule, 
each party is bound to communicate to the other his know¬ 
ledge of material facts, provided he knows the other to 
be ignorant of them, and they are not open and naked, or 
equally within the reach of his observation. The moral 
law , however, and fair dealing, require, in all cases, a full 
disclosure of all defects within the knowledge of the con¬ 
tracting parties. 


Chap. LIU.] 


COMMON AND STATUTORY LAW. 


213 


CHAPTER L111 

FRAUDULENT SALES AND ASSIGNMENTS ; GIFTS, &C. 

§ 1. To protect the rights of the contracting parties alone, 
is not the only object of laws for the regulation of contracts. 
Contracts are often made which injuriously affect the rights 
of third persons, who are persons other than the contracting 
parties. Contracts by which third persons are most fre¬ 
quently injured, are those by which property is fraudulently 
conveyed by gift, sale, or assignment. A debtor, to place 
his property beyond the reach of his creditors, either trans¬ 
fers it to some other person by gift; or he sells or assigns 
it to another, under the false pretense of securing the pay¬ 
ment of a debt; the property to remain with the assignor, 
with the secret understanding that the assignee is never 
to take it into his possession. 

§ 2. Any agreement which operates as a fraud upon third 
persons, is void. It is a rule of common law, that all deeds 
of gift, and all transfers of goods and chattels made by any 
person to secure them for his future use, shall be void as 
against creditors ; that is to say, such transfers shall not 
exempt the property from being taken to satisfy the de¬ 
mands of his creditors. And as a sale or an assignment is 
more likely to be fraudulent when the property remains 
with the seller or assignor, than when the assignee takes 
it into his own possession, it has long been a principle of 
law, that if property assigned or sold remains with the per¬ 
son assigning or selling it, the transaction is presumed to 
be fraudulent. But whether such conveyance of goods is 
only prima facie evidence of fraud, which the vendee or as¬ 
signee may be permitted to rebut by proof, or whether the 
transaction is fraudulent in point of law , and void, is a ques¬ 
tion upon which the decisions of the courts in England as 
well as those in this country differ, and w T hich, therefore, 
may be considered as not conclusively settled. 

§ 3. Some have made a distinction between bills of sale 
and assignments that are absolute, and those that are con¬ 
ditional. The Supreme Court of the United States has af¬ 
firmed the doctrine, that an absolute and unconditional bill 


214 


CITIZEN’S MANUAL. 


[Chap. LIII 


of sale or conveyance, when the property is retained in pos¬ 
session, is of itself conclusive evidence of fraud ; in other 
words, it is presumed to be fraud in point of law, whatever 
it may be in fact. It has been held by the same court, that 
a conveyance with a condition that the property is to remain 
witli the vendor until the condition shall be performed, or 
which is in the nature of a mortgage or security, expressing 
an agreement between the parties that the mortgager shall 
retain possession, is valid. 

§ 4. In some states, the doctrine established by the courts 
is, that a continuance of possession is only prima fade evi¬ 
dence of fraud ; in which case, the mortgagee or assignee 
is allowed to show by proof, that the conveyance was made 
in good faith, and for a valuable consideration. In other 
states, the strict rule prevails, that, without a change of 
possession, the transaction is fraudulent in law; in which 
casp the assignee, or person claiming the property under 
the assignment, is not permitted to show that, in point of 
fact , the transaction was bona fide , (made in good faith.) 

§ 5. Although a rule that holds every conveyance to be 
fraudulent, unless followed by an immediate change of pos¬ 
session of the property conveyed, may be deemed necessary 
to prevent frauds upon third persons, it often operates to 
the injury or inconvenience of honest debtors. A debtor 
may be obliged to part with property, however convenient 
or needful its present use may be to him, in order to satisfy 
a debt ; when, but for this stringent rule of law, he might 
borrow the money to pay the debt, or procure a forbear¬ 
ance of it, by pledging property without losing the benefit 
of its use. 

§ 6. Why this perplexing question has been left so long 
unsettled in the different states, it is not easy to perceive. 
In the state of New York, it has been set at rest by an ex¬ 
press statute, declaring, that unless a sale or an assignment 
is accompanied by an immediate delivery, and followed by 
an actual and immediate change of possession, it shall be 
presumed to be fraudulent and void, as against creditors, 
and shall be conclusive evidence of fraud, unless the party 
claiming the property under the assignment, shall make it 
appear, that the same was made in good faith, and without 
any attempt to defraud. The essential provisions of thif 


Chap. LIII.' 


COMMON AND STATUTORY LAW 


215 


statute are believed to prevail at present m most of the 
states p. 281-289. 

§ 7. In the sale of personal property, though there should 
be a judgment against the vendor, and the purchaser should 
have notice of it, that fact would not of itself render the 
sale fraudulent. But if the purchaser, knowing of the judg¬ 
ment, purchases with the view or purpose to defeat the 
creditor’s execution, the transaction is fraudulent. The 
question of fraud depends upon the motive. 

§ 8. Assignments are sometimes made by debtors for the 
benefit of their creditors. A person deeply indebted, or in 
embarrassed circumstances, assigns his property, in trust, 
to one or more persons, to be by them disposed of, and the 
avails to be applied to the payment of all his creditors, or 
* of a part of them ; for the law which we have been consid¬ 
ering, does not apply to assignments of this kind so as to 
forbid a debtor giving a preference to one or more creditors 
over others, provided the assignment is for a sufficient con¬ 
sideration. A debtor may directly assign or transfer all his 
property to a single creditor, and the assignment be valid : 
Dut if the value of the property is manifestly excessive, and 
disproportionate to the debt which it is intended to cover, 
the other creditors have a right to the surplus. 

§ 9. When a debtor in embarrassed circumstances enters 
into an arrangement with all his creditors, to pay them a 
certain proportion of their claims, in consideration of a dis¬ 
charge of their demands, if he privately agrees to give a 
better or further security to one than to others, the contract 
is void ; because the condition upon which they agree to 
discharge the debtor is, that each creditor shall receive an 
equal benefit, and take a proportionate share. 

§ 10. A gift or conveyance founded merely upon a con¬ 
sideration of affection, or blood or consanguinity, may be 
set aside by creditors, if the grantor was in embarrassed 
circumstances when he made it; for a man is bound, both 
legally and morally, to pay his debts before giving away 
his property. But if he is indebted to only a small amount 
in proportion to his property, and wholly unembarrassed, 
the gift is not rendered voidable by his indebtedness, even 
though he should afterward become insolvent. 


216 


CITIZEN'S MANUAL. 


[Chap. LIV 


CHAPTER LIV. 

PRINCIPAL AND AGENT, OR FACTOR ; BROKER ; LIEN, &C. 

§ 1. A principal is one who employs another, as agent, to 
transact his business. A factor is an agent; but the word 
factor is generally understood to mean a commercial agent; 
that is, one who is employed by merchants residing in a 
distant place, to buy and sell, and transact business for 
them. Thus, country merchants send their wheat, flour, 
pork, and other country produce, to their agents in the cities, 
to be disposed of. The owners of the property are called 
‘principals ; their agents are factors, or, as they are some¬ 
times called, commission merchants. As receivers of property 
consigned to them, they are also called consignees , and the 
persons who consign or commit to them their property, are 
consignors. 

§ 2. For the accommodation of the principal, the factor 
sometimes pays him a part of the value of the produce be¬ 
fore it is sold. For the money thus advanced, the factor 
has a claim upon the property until the advance money 
shall be refunded, and all charges against the owner paid. 
And as a factor does not always know who is the actual 
owner, the person in whose name the goods are shipped, is 
to be deemed the owner. 

§ 3. This claim which a factor has upon goods intrusted 
to him for sale, is called lien ; and the factor may sell the 
goods, and retain out of the proceeds of the sale what is 
du^ him ; and the remainder he must pay to the principal, 
oj owner. But a person can not sell or pledge property 
committed to him for transportation or storage only ; nor 
can a factor pledge goods intrusted to him for sale, as se¬ 
curity for his own debts. A factor who disposes of any 
merchandise intrusted or consigned to him, and applies the 
avails to his own use, with intent to defraud the owner, 
may be punished by fine and imprisonment. 

§ 4. IIow far, in ordinary business, a principal is bound 
by the acts of an agent, it is not easy to determine. As a 
general rule, however, a general agent, that is, one who 
either transacts all kinds of business for his employer, or 


Chap. LIV.] 


COMMON AND STATUTORY LAW. 


217 


does all acts connected with a particular business or trans¬ 
action, or that relate to some particular department of busi¬ 
ness, so long as he keeps within the general scope of his 
authority, binds his principal or employer by all his acts, 
although in some special cases he has done an act which 
he was expressly instructed not to do. 

§ 5. The justice of this rule is apparent. A large por¬ 
tion of the commercial business of every community, is 
transacted by agents ; and if a principal who holds out to 
the public that his agent has general authority to act for 
him in a certain business, or a certain department of busi¬ 
ness, could quit himself from liability for acts of his agent 
whose authority he had limited by secret instructions, 
frauds would be frequeat, dealings with agents would be 
unsafe, and the general business of the country would be 
greatly embarrassed. 

§ 6. An agent is bound, in ordinary cases, to observe 
the instructions of his principal, even though an act in 
violation of such instructions should be intended for the 
benefit of the principal. The agent must b6ar, personally, 
all losses growing out of a noncompliance with his orders ; 
and the profit accruing therefrom goes to the benefit of the 
principal. An agent, however, is excused from a strict 
compliance with his orders, if after receiving them, some 
sudden and unforeseen emergency has arisen, in conse¬ 
quence of which such compliance would operate as an injury 
to the principal, and frustrate his intention. 

§ 7. When an agent receives no instructions, he must 
conform to the usage of trade, or to the custom applicable 
to the particular agency ; and any deviation therefrom, un¬ 
less it is justified by the necessity of the case, renders him 
solely liable for all the loss or injury resulting from it. 

§ 8. An agent is bound to exercise ordinary diligence 
and reasonable skill ; and he is responsible only for the 
want thereof. Ordinary diligence is that which persons of 
common prudence use in conducting their own affairs. 
Reasonable skill is the average skill possessed by persons 
of common capacity employed in the same business. 

§ 9. If an agent exceeds the limits of his authority, he 
becomes personally responsible to the person with whom he 
deals, if the limitations of his authority are unknown to such 
person. So he is in like manner responsible, if he makes a 


218 


CITIZEN’S MANUAL. 


[Chap. LIT 


contract in his own name ; or if he does not disclose the 
name of the principal, so as to enable the party with whom 
he deals to have recourse to the principal, in case the agent 
had authority to bind him. And if the agent even buys in 
his own name, but for the benefit of his principal, and with¬ 
out disclosing his name, the principal also is bound, pro¬ 
vided the goods come to his use. Also, if the principal is 
under age, or a lunatic, or otherwise incompetent to con¬ 
tract, the agent is liable. 

§ 10. A broker is an agent who is employed to negotiate 
sales between parties for a compensation in the form of a 
commission, which is commonly called brokerage. His busi¬ 
ness consists in negotiating exchanges ; or in buying and 
selling stocks, goods, ships, or cargoes ; or in procuring 
insurances, and settling losses : and as he confines himself 
to one or the other of these branches, he is called an ex¬ 
change broker.-stock broker, insurance broker, &c. A bro¬ 
ker differs from a factor. He has not the custody of the 
goods of his principal. He is merely empowered to effect 
the contract of sale ; and when he has effected such sale, 
his agency ends. If a broker executes his duties in such 
a manner that no benefit results from them j or if he is 
guilty of gross misconduct in selling goods, he is not en¬ 
titled to a commission or compensation. 

§ 11. A lien, as has been stated, is the claim of a factor 
or agent upon property in his possession, as security for 
the payment of his charges. This right of lien extends to 
others than factors. It is intended also for the benefit of 
manufacturers and mechanics, and other persons carrying on 
business for the accommodation of the public. A merchant 
has a lien upon goods sold till the price is paid, if no cre¬ 
dit has been stipulated for ; and even when he agrees 
to give a credit, if the purchaser practices fraud in ob¬ 
taining the goods, the seller may take them. These 
cases differ, however, from ordinary cases of lien, as the 
purchaser has not, in reality, acquired any lawful right to 
the property ; and the merchant may dispose of the pro¬ 
perty as his own, which can not be done in other cases. 

§ 12. A shoemaker receiving leather to manufacture into 
shoes, may retain the shoes until he is paid for the making ; 
a tailor has a lien upon the garment made from another’s 
cloth ; a blacksmith upon the horse he shoes ; an inn- 


Chap. LV.l COMMON AND STATUTORY LAW. 219 

keeper upon the horse or goods of his guest ; and common 
carriers upon the goods they transport. But they can not 
hold the property for any other debt ; nor have they a 
right to sell it to satisfy their claim. Whenever a per¬ 
son allows property to go out of his possession, he loses 
his lien. p. 289. 


CHAPTER LY. 

PARTNERSHIP. 

§ 1. A partnership is the association of two or more per¬ 
sons for the purpose of carrying on any business, agreeing 
to divide the profits and bear the loss, in certain propor¬ 
tions. Persons forming a partnership, unite their money 
or capital. Sometimes one furnishes money, and another 
performs the labor. Or, perhaps no money may be neces¬ 
sary, but each agrees to do his share of the labor. 

§ 2. All the members of a partnership are bound by the 
act of any one of them, or by any contract which either of 
them may make. Although they agree to divide their 
gains and losses, either one of them is liable for all the 
debts of the partnership. If one of the concern buys pro¬ 
perty on his own account, for his individual use and benefit, 
he alone is liable ; but though he thus buys it, if it is af¬ 
terward applied to the use of the partnership, all become 
liable. 

§ 3. There are cases, however, when not all who share in 
the profits are responsible : as when a clerk or agent agrees 
to receive a part of the profits as a compensation for his 
service or labor ; or when one receives, as rent, a part of 
the profits of a tannery, tavern or farm. In these cases, 
although the parties share in the profits, there is no part¬ 
nership ; and the persons who buy the stock and other 
materials, and hire the labor necessary to carry on their 
respective trades, are alone responsible. 

§ 4. One partner can not bring a new partner into the 
firm, without the consent of all the others. If, therefore, a 
partner should desire to sell his interest to some other per- 



220 CITIZEN’S MANUAL. [Chap. LV 

son who is to take his place in the partnership, he can not 
do so, unless all tne partners consent to such sale. 

§ 5. All the partners must unite in suing and being sued. 
Sometimes, however, there are secret or dormant partners, 
who conceal their names : these may not join in an action 
as plaintiffs, but they may be sued when discovered to be 
partners. 

§ 6. As each partner is liable for all the debts of the 
concern, so each may, in the name of the firm, in ordinary 
cases, assign over the effects and credits to pay the debts 
of the firm. 

§ 7. Any partner may withdraw when he pleases, and 
dissolve the partnership, if no definite period has been agreed 
on for the partnership to continue ; but if, by the terms of 
agreement, it is to continue for a definite period, it can not 
be dissolved before the expiration of the term, without the 
mutual consent of all the partners, except by the death or 
some other inability of one of them, or by a decree of the 
court of chancery. 

§ 8. When a partnership is dissolved by the withdrawal 
of any of the partners, notice of dissolution ought to be duly 
published, or a firm may be bound by a contract made by 
one partner in the usual course of business, and in the name 
of the firm, with a person who contracted on the faith of the 
partnership, and who had no notice of the dissolution. The 
same notice is necessary to protect a retiring partner from 
continued responsibility. And even if due notice is given, 
yet, if he willingly suffers his name to continue in the firm, 
or in the title of the firm over the door of the shop or store, 
he may in certain cases be still liable. 

§ 9. In some of the states, a partnership may be formed 
by a number of persons, some of whom are to be responsible 
only to a limited amount ; and their names are not to be 
used in the firm. But before a partnership of this kind can 
do business, a writing and certificate signed by the parties, 
stating the terms of partnership, and the amount for which 
the special partners (as they are cabled) are to be responsi¬ 
ble, must be recorded. The terms of partnership must also 
be published in a newspaper. 

§ 10. In partnerships thus formed, called limited partnerships, 
the special partners become liable only to the amount men¬ 
tioned in the terms of partnership. The other partners, 


Chap LVI.j 


COMMON AND STATUTORY LAW 


221 


called general partners, whose names only are used, and who 
transact the business, are liable for all the debts contracted, 
as in ordinary partnerships. If such partnership is to be 
dissolved by act of the parties, before the time expires for 
which it was formed, notice of dissolution must be filed and 
recorded, and published in a newspaper. 


CHAPTER LYI 

BAILMENT. 

§ 1. Another class of rights and responsibilities are those 
which arise from delivering and receiving property in trust, 
to be kept or used, and redelivered, according to agreement. 
Such delivery and receiving includes giving and taking 
goods to be kept for and without reward, and in security 
for debt ; borrowing and lending ; letting for hire ; carry* 
ing, &c. These are comprehended in the word bailment, 
which is from bail, a French word, meaning to deliver. 

§ 2. If a person takes goods to keep and return without 
reward, he must keep them with ordinary care, or, if they 
receive injury, he will be liable to the bailor for damage; in 
other words, a bailee without reward is responsible only for 
gross neglect. The person with whom goods are deposited, 
is also called in law, depositary. A depositary may not use 
the goods taken into his care. 

§ 3. A mandatary, that is, a person who agrees to carry- 
goods from place to place, or to do some other act or work 
upon or about them, without recompense, must use due dili¬ 
gence in performing the work ; he is responsible for gross 
neglect, if he undertakes and does the work amiss ; but it 
is thought that for agreeing to do, and not undertaking or 
doing at all, he is not liable for damage. If he has been 
strongly persuaded to do the act, only a fair exertion of his 
ability is required. 

§ 4. A borrower is liable for damage in case of slight 
neglect. If he applies the article borrowed to the use for 
which he borrows it, uses it carefully, does not allow ano* 



222 CITIZEN’S MANUAL [Chap. LVI 

ther to use it, and returns it within the time for which it 
was borrowed, he is not liable. 

§ 5. A person who receives goods in security for a debt 
or engagement, is liable for ordinary neglect. But if he 
bestows ordinary care upon the goods, and they should then 
be lost, he still has a claim upon the pawnor for the debt. 

§ 6. When property is hired, that is, when something is 
to be paid for the use of an article, and it is injured by mod¬ 
erate usage, the owner bears the loss ; but the hirer must 
not use it for any purpose but that for which it is hired, 
and he must return it promptly, or he is liable for damage. 

§7. If an article is delivered upon which work is to be 
bestowed, the work must be properly done. A manufac¬ 
turer who receives wool to make into cloth, or the tailor who 
takes cloth to make into a garment, must do the work well, 
or he is liable for damage. If the property should be lost 
or stolen, he is responsible for ordinary neglect. 

§ 8. Innkeepers are, in general, responsible for all injuries 
to the goods and baggage of their guests, even for thefts. 
But for losses caused by unavoidable accident, or robbery, 
they are not liable. 

§ 9. A common carrier, that is, one who carries goods for 
hire as a common employment, is responsible to the owner, 
even if robbed of the goods. But a person who occasionally 
carries goods for hire is not a common carrier, and is an¬ 
swerable only for ordinary neglect, unless he expressly takes 
the risk. A common carrier is one who holds himself out 
as ready to carry goods as a business, by land or oy water, 
and is answerable for all losses, except in cases of public 
enemies, as in time of war, and in case of the act of God, 
as by lightning, storms, floods, &c. 

§ 10. A common carrier is bound to receive from any per¬ 
son paying or tendering the freight charges, such goods as 
he is accustomed to carry, and as are offered for the place 
to which he carries. But he may refuse to receive them if 
he is full, or if they are dangerous to be carried, or for other 
good reasons. He may refuse to take them unless the 
charges are paid ; but if he agrees to take payment at the 
end of the route, he may retain them there until the freight 
is paid. A carrier must deliver freight in a reasonable 
time ; but he is not liable for loss by the freezing of a river 
or canal during his voyage, if he has used due diligence. 


Chap LVII.] COMMON AND STATUTORY LAW. 


223 


§11. Proprietors of a stage coach do not warrant the 
safety of passengers in the character of common carriers ; 
and they are not responsible for mere accidents to the per¬ 
sons of the passengers, but only for want of due care. Slight 
fault, unskillfulness, or negligence, either as to the sufficiency 
of the carriage, or to the act of driving it, may render the 
owner responsible in damages for injury to passengers. 
But as public carriers, they are answerable for the loss of 
a box or parcel of goods, though ignorant of its contents ; 
unless the owner fraudulently conceals the value or nature 
of the article, or deludes the carrier by treating it as of lit¬ 
tle or no value. Public carriers are responsible for the bag¬ 
gage of their passengers, though they advertise it as being 
at the risk of the owners. 


CHAPTER LYII 
PROMISSORY NOTES. 

§ 1. A promissory note is a written promise to pay a speci¬ 
fied sum, at a certain time, to a person named, or to his 
order, or to the bearer. A common form of a note is the 
following : 

$100. Albany, June 9, 1858. 

Three months after date, I promise to pay to James 
Smith, or bearer, one hundred dollars, value received. 

John Brown. 

§ 2. Notes thus written may be bought and sold as prop¬ 
erty in general, and perform, in many cases, the same office 
as money. But if in the above note the words “ or bearer” 
were omitted, it would not possess the same qualities ; or, 
as men say, it would not be negotiable; there being no pro¬ 
mise to pay any other person than Smith. It might be 
sold ; but the buyer, if obliged to sue, must sue in the name 
of Smith ; in which case, Brown might offset any demands 
which he might have against Smith. The words or bearer 
should therefore be inserted, that any holder may collect it 
in his own name. 



224 


CITIZEN’S MANUAL. 


jChap. LVIL 


§ 3. Notes are also made negotiable by writing the words 
or order in the place of “ or bearer f but in this case, the 
person to whom a note is payable, who is called the payee, 
or promisee, must indorse it; which is done by writing his 
name on the back of it. Such indorsement is considered, in 
law, as his order to the maker or promiser to pay it to an¬ 
other person. Being thus indorsed, it is negotiable ; that is, 
it becomes a subject of purchase and sale, and may pass 
from hand to hand by simple delivery, as if made payable 
to bearer, and may be sued in the name of any bona fide 
holder. 

§ 4. It is usual to insert the words, “ value received,” as 
evidence that the note was given for a valuable considera¬ 
tion ; for it will be recollected, that contracts are not valid 
without such consideration. But a note is good without 
these words. Whether they are inserted or not, the note is 
presumed to have been given for a valuable consideration ; 
and the maker can not avoid his obligation to pay it, with¬ 
out making it appear that no value yvas received. In Con¬ 
necticut, a note which is not negotiable in form, and not 
for value received, does not imply a consideration. Conse¬ 
quently, value must be proved by the holder. In Missouri, 
to make a note negotiable, it must contain the words, “ for 
value received, negotiable, and without defalcation.” (See 
§ 12 .) 

§ 5. A note made by two or more persons may be joint, 
or joint or several. When it is written, “ We promise to 
pay,” it is only a joint note, and all must be sued together. 
If written, “ We jointly and severally promise to pay,” they 
may be sued either jointly or separately. Or if written, “ I 
promise to pay,” it is treated as a joint and several note. A 
note written, “We promise,” and signed, A. B. principal, 
and C. D. security, is the joint note of both ; and if written, 
“ I promise,” and signed in the same manner, it is the joint 
and several note of both. 

§ 6. Any person having in possession a negotiable note, 
though a mere agent, is deemed the true owner, and may 
sue on it in his own name, without showing title. The 
bona fide holder can recover upon the paper, though it came 
to him from a person who had stolen or robbed it from the 
true owner ; provided he took it innocently in the course 
of trade, for a valuable consideration, beftme it was due, 


Chap LYII.J 


COMMON AND STATUTORY LAW. 


225 


and with due caution. If, however, suspicion is cast upon 
the title of the holder, by showing that the instrument has 
got into circulation by force or fraud, then the holder must 
show the consideration he gave for it. 

§ I. If has been observed, that a man can not convey to 
another a valid title to property which is not lawfully his 
own ; and hence, that the purchaser of stolen goods must 
give them up to the lawful owner. The exception to this 
rule, in the case of promissory notes, seems, however, to be 
founded in reason and good policy. The use of negotiable 
paper in commercial transactions is of great public conve¬ 
nience : and it is proper that, for the sake of trade, protec¬ 
tion should be given to the holder of such paper who receives 
it fairly in the way of business, though it has been paid, if 
he received it before it fell due. 

§ 8. But it is equally material for the interests of trade, 
that the owner should have due protection. Hence, if a 
person takes a note from a stranger without inquiry how 
ne came by it; or does not take it in the usual course of 
Dusiness, or for some responsibility incurred on the credit 
of the note, he takes it at his peril. But the owner, in order 
to place his right to relief beyond question, ought to use 
diligence in apprising the public of the loss of the note. 

§ 9. The indorsement of a note, in the view of the law, 
amounts to a contract, on the part of the indorser, with the 
indorsee and every subsequent holder ; (l.J That the note 
and the antecedent signatures are genuine ; (2.) That he, 
the indorser, has a good title to the note ; (3.) That he is 
competent to bind himself as indorser ; (4.) That the maker 
is competent to bind himself for the payment, and will pay 
it when due ; (5.) That if not so paid by the maker, he, the 
indorser, will, upon due notice given him that the note is 
dishonored, pay the same to the indorsee, or other holder. 

§ 10. An indorsement made by writing the name only on 
the back of a note, is called a blank indorsement. A full 
indorsement is one which also points out the person to whom 
the note is to be paid. But a blank indorsement may be 
filled up at any time by the holder. For example : A note 
is payable to “ John Jay, or order,” or to “ the order of John 
Jay,” who indorses it in blank, which makes it payable to 
any other holder. But if the indorsee, the person to whom 
it ?s indorsed, wishes it paid to any particular person, he 


226 


CITIZEN’S MANUAL. 


[Chap. LVII 


may fill up the blank by writing a request to that effect 
above the name of the indorser, thus : “ Pay to George 
Bruce,” or “Pay to George Bruce or order who, again, 
may by indorsement order it paid to some particular person. 
Or, by indorsing it in blank, or ordering it paid to the bearer t 
it would again pass, as at first, by mere delivery. 

§ II. In ordinary business transactions in the country, 
notes intended to be negotiable, are usually made payable 
to bearer, as in the form given, ($ 1.) And the young 
reader, inexperienced in business, may not know why they 
are not always so written. One advantage of making a 
note payable to order, is the protection which it affords to 
the holder or owner, in case the note should be lost or sto¬ 
len. Take, for example, the note indorsed in blank in the 
case supposed in the last section. The owner, we will sup¬ 
pose, resides in Buffalo, and the maker in Detroit. The 
owner fills the blank over the name of John Jay with a re¬ 
quest to “ pay to George Bruce,” also residing in Detroit, 
to whom it is sent by mail, to be by him presented to the 
maker for payment. And should the note by accident or 
fraud fall into the hands of another, it being payable to 
Bruce only, or to his order, the parties are protected from 
loss. 

§ 12. A person buying a note after it has become due, 
takes it at his peril. Although the holder may sue it in his 
own name, the maker may offset any demands which he had 
against the promisee before it was transferred. But when 
notes in which no day of payment is expressed come under 
the operation of this rule, is a question to be determined by 
circumstances. In the states of New Jersey, Pennsylvania, 
Missouri, and perhaps others, the words “ without defalca¬ 
tion or discount,” or words to that effect, must be inserted 
in notes, or they may be met by offsets as notes that are 
bought after due. Also notes payable in some commodity 
are subject to the same rule. 

§ 13. Notes payable on demand, are due immediately ; and 
payment need not be demanded before the holder can sue. 
Also, if no time of payment is mentioned in a note, it is due 
when given, and no demand of payment is necessary. But 
a note payable at sight , or at a specified time after sight, 
must be presented for payment before it can be sued. If 
the words “ with interest ” are omitted, a note will not draw 


Ctoap. LVII.J 


COMMON AND STATUTORY LAW. 


227 


interest before the time at which it is due. If it is payable 
on demand, it will draw interest from the time payment is 
demanded. 

§ 14. After the day on which a note is made payable, the 
maker is allowed three days for payment, which are called 
days of grace. The day on which the note becomes payable, 
is not to be counted one of the three days. Thus, a note 
dated the first day of January, having 1 three months to run, 
is payable on the first day of April, which day is included in 
the three months, so that the last day of grace is the fourth 
day of the month. By general usage, a note does not be¬ 
come due on the day mentioned on its face, but on the last 
day of grace. 

§ 15. We have seen the object of indorsements, and their 
binding effect upon the indorsers. Certain acts are neces¬ 
sary to fix responsibility upon an indorser of a note payable 
to order. The omission, or imperfect performance of these 
acts, has often operated to discharge indorsers from liability. 
In order to hold an indorser responsible, the holder must 
make a prompt demand of payment of the maker, and give 
reasonable notice of his default to the indorser. The object 
of such demand and notice is to afford the indorser opportu¬ 
nity to obtain security from those for whom he has become 
liable. 

§ 16. Demand of payment must be made of the maker of 
a note on the last day of grace ; or, if such day falls on Sun¬ 
day, or the fourth day of July, or any other day recognized 
by law as a holyday, or day of public rest, then the demand 
must be made on the second day of grace. If the third day 
of grace should fall on Sunday, and any holyday as Christ¬ 
mas, or fourth of July, should happen on Saturday, the de¬ 
mand must be made on Friday. As the holder may be re¬ 
quired to prove that payment has been demanded, it must 
be done in presence of one or more witnesses. As to the 
time of day when the demand should be made, it is consid¬ 
ered that the maker is entitled to the latest convenient time 
within the customary business hours of the place where the 
note is presented. 

§ 17. If, in consequence of the removal of the maker be¬ 
fore the note becomes due, or from any other cause, his 
residence is unknown, the holder must make endeavors to 
find it, and make the demand there ; though, if he has re* 


228 


CITIZEN’S MANUAL. 


[Chap. LVH 


moved out of the state, it is sufficient to present the note a^i 
his former place of residence. If the maker has absconded, 
that will, as a general rule, excuse the demand. 

§ 18. If payment has been demanded and refused, notice 
thereof must be given to the indorser ; and one entire day 
is allowed the holder to give such notice. If the demand 
is made on Saturday, it is sufficient to give notice on Mon¬ 
day. If the indorser resides in the same town, he may be 
notified personally by the holder, or by a special messenger 
sent to his dwelling-house, where notice may be given per¬ 
sonally, or left in a way likely to bring it to his knowledge. 
If the parties reside in different towns, notice may be sent 
by mail; in which case the notice must be put into the 
post-office, or mailed, as early as the next day after the third 
day of grace, so as to be forwarded as soon as possible there¬ 
after. Or, notice may be sent by a private conveyance, or 
special messenger. 

§ 19. Notes, on being transferred, are sometimes guaran¬ 
tied by indorsement. If a person simply write his name on 
the back, he is liable as an indorser only. If he guaranties 
the “ payment ” of the note, he is generally considered liable 
as an original promisor. If he guaranties the note “ good ” 
or “ collectable,” legal proceedings must be had against the 
maker, and indorsers also, if there be any, before the guar¬ 
antor is liable. Strict notice to a guarantor is not required, 
as in the case of an indorser ; but to hold him liable, it 
must be shown that he has not been prejudiced by the want 
of notice, or that the note was not collectable of the maker 
or indorsers when due. But the kind of liability incurred, 
whether that of indorser, original promisor, or surety, by 
indorsing a note or guarantying payment, is not the same 
in all the states. There are sundry other points in the law 
relating to promissory notes on which the statutes and 
judicial decisions are not uniform in all the different states. 


Chap. LVIIL] COMMON AND STATUTORY LAW< 


229 


CHAPTER LVIII. 

BILLS OF EXCHANGE ; INTEREST ; USURY. 

§ 1. A bill of exchange, is a written order or request to 
a person in a distant place to pay a third person a certain 
sum of money. The following is a common form : 

$1,000. New York, April 10, 1858. 

Twenty days after date, pay to the order of John 
Stiles, one thousand dollars, value received, and charge the 
same to account of 

To George Scott, Thomas Jones. 

New Orleans, La. 

§ 2. It will be seen that this is, in effect, the same as an 
order used in common business. But when drawn by mer¬ 
chants in commercial cities on persons in distant places, 
orders of this kind a.re called bills of exchange. They are 
often very convenient to persons in mercantile business. 
Bills drawn on persons in foreign countries, are called for - 
eign bills of exchange ; and those which are drawn on persons 
in distant places in our own country, are by way of distinc¬ 
tion, called inland bills of exchange. 

§ 3. The nature and operation of a bill of exchange are 
thus illustrated : A, in New York, has $1,000 due him from 
B, in New Orleans. A draws an order on B for that sum, 
and C, who is going to New Orleans, pays A the money, 
takes the order, and receives his money again of B. Thus 
A is accommodated by receiving his debt against B, and 0 
has avoided the risk in carrying the money from place to 
place. A, who draws the bill, is called the drawer. B, to 
whom it is addressed, is called the drawee. C, to whom it 
is made payable, is the payee. As the bill is payable to 0, 
or his order, he may, by indorsement, direct the bill to be 
paid to D ; in which case 0 becomes the indorser , and D, 
to whom the bill is indorsed, is called the indorsee, or holder. 

§ 4. If, when the bill is presented to the drawee, he 
agrees to pay it, he is said to accept the bill ; and as evi¬ 
dence of the fact, writes his acceptance upon it. An a c 


230 


CITIZEN'S MANUAL. 


[Chap. LVin. 


ceptance may, however, be by parol. The acceptor ot a 
bill is the principal debtor, and the drawer the surety. 
The acceptor is bound, though he accepted without con¬ 
sideration, and for the sole accommodation of the drawer. 
But payment must be demanded on the last day of grace ; 
and, if refused, notice of nonpayment must be given to the 
drawer, as in the case of an indorsed note. 

§ 5. No precise time is fixed by law at which bills pay¬ 
able at sight, or a certain number of days after sight, must 
be presented to the drawee for acceptance ; though an un¬ 
reasonable delay might discharge the drawer. A bill pay¬ 
able on a certain day after date, need not be presented for 
acceptance before the day of payment ; but if presented 
before it becomes due, and acceptance is refused, it is dis¬ 
honored ; and notice must be given immediately to the 
drawer. If a bill has been accepted, demand of payment 
must be made upon the acceptor when the bill falls due ; 
and it must be made at the place appointed for payment; 
and if no place is appointed, then at his house or residence, 
or upon him personally. 

§ 6. A check upon a bank, (See Chap. XXIY, $ 4,) is 
another kind of negotiable paper. It partakes more of the 
nature of a bill of exchange, than a promissory note. It is 
not a direct promise to pay ; but it is an undertaking, by 
the drawer, that the drawee shall accept and pay ; and the 
drawer is answerable only in case the drawee fails to pay 
A check payable to bearer passes by delivery ; and the 
bearer may sue on it as on an inland bill of exchange. 

§ 7. When a foreign bill of exchange is to be presented 
for acceptance or payment, demand is usually made by a 
notary 'public; and in case of refusal, his certificate of the 
presentment of the bill, and of the refusal, is legal proof of 
the fact in any court. This certificate is called a protest, 
which means, for proof. A protest may be noted on the day 
of the demand ; though it may be drawn up in form at a 
future period. Notaries are appointed in all commercial 
places of considerable business. 

§ 8. A protest of an inland bill of exchange is not gener¬ 
ally deemed necessary in this country ; though it is the 
practice to have bills, drawn in one state on persons in 
another, protested by a notary. No protest is legal evi 
dence in court, except in the case of a foreign bill. Yet it 


Chap. LIX.j 


LAW OF NATIONS. 


231 


is expedient, in many cases of inland bills, to employ no¬ 
taries when evidence is to be preserved, because they are 
easily found when wanted as witnesses. In some states, 
bills drawn in one state and payable in another, are deemed 
foreign bills ; and their protest as such is required. Notes 
payable at banks are also protested for nonpayment. 

§ 9. Interest is an allowance for the use of money, or for 
the forbearance of a debt. Thus a person lends to another 
$100 for one year, and receives for the use of it $6, which 
is called the interest. Promissory notes are usually made 
payable with interest. The rate of interest is fixed by a 
law of the state, but is not the same in all the states. 

§ 10. A higher rate of interest than that fixed by law, is 
called usury. Not only can no more be collected on any 
contract or obligation than the lawful rate, but in most of 
the states there is some forfeiture for taking usurious in¬ 
terest. In some states, the whole debt is forfeited ; in 
others, twice or thrice the excess above the lawful interest; 
and in some, only the excess taken can be recovered. In 
the state of New York, no part of a usurious debt can be 
collected : but if it has been paid, only the excess above the 
lawful interest can be recovered, p. 290. 


LAW OF NATIONS. 


CHAPTER LIX. 

ORIGIN AND PROGRESS OF THE LAW OF NATIONS ; THE 
NATURAL, CUSTOMARY, AND CONVENTIONAL LAWS OF 
NATIONS, DEFINED. 

§ 1. In the course of this work, we have considered the 
necessity and nature of government and laws, and the dif¬ 
ferent forms of government under which the people of dif¬ 
ferent communities are associated, especially that which 
has been adopted by the people of this country; and we 




232 


CITIZEN’S MANUAL. 


[Chap. LIX 


have given an abstract of the principal laws by which their 
rights are defined, and their duties and mutual obligations, 
as individual citizens of the state and of the nation, are en- 
joined. As the people of the United States, in their national 
capacity, occupy an important position in the great com¬ 
munity of nations, the author deems it proper to subjoin a 
compend of the rules by which intercourse between nations 
is regulated. 

§ 2. The law of nations, in its present improved state, has 
not long existed. Ancient nations were little governed by 
the principles of natural justice. Little respect was paid 
by one nation to the rights of the persons and property of 
the citizens of another. Robbery on land and sea was not 
only tolerated, but esteemed honorable ; and prisoners of 
war were either put to death, or reduced to slavery. By 
this rule of national law, commerce was destroyed, and per¬ 
petual enmity kept up between nations. 

§ 3. No essential, permanent improvement in the law of 
nations seems to have been made until within the last three 
or four centuries. By the light of science and Christianity, 
the rights and obligations of nations have come to be better 
understood, and more generally regarded. Commerce also 
has done much to improve the law, by showing that the true 
interests of a nation are promoted by peace and friendly 
intercourse. 

§ 4. Hence we find the nations of Europe and America 
recognizing the same rules of international law. And as 
the light of Christianity shall become more widely diffused, 
and its principles more generally practiced, the law of na¬ 
tions will undergo still further improvements. And may 
we not hope, that, as one of these improvements, the prac¬ 
tice of settling national disputes by war will be abolished, 
and one more rational and humane be adopted, that of re¬ 
ferring all difficulties which the parties are incapable of ad¬ 
justing, to some disinterested power for adjudication ? 

§ 5. There is, in every nation or state, some acknowl¬ 
edged authority to make laws to protect the rights of the 
citizens, and courts of justice to try and punish offenders. 
But there is no tribunal before which one nation can be 
brought to answer for the violation of the rights of another. 
Every nation, however small and weak, is independent of 
every other. Hence, when mjuries are committed by one 


Chap. LIX.l 


LAW OF NATIONS. 


233 


upon another, the offended party, unless it chooses quietly 
to endure the wrong, must obtain redress, either by appeal¬ 
ing to the sense of justice of the party offending, or by a 
resort to force. 

§ 6. The equality and independence of nations, without 
respect to their relative strength or extent of territory, is a 
settled principle of national law. Each has a right to es¬ 
tablish such government and tolerate such religion as it 
thinks proper, and no other nation has a right to interfere 
with its internal policy. To this general rule, however, 
writers make an exception. The natural right of every 
state to provide for its own safety, gives it the right to in¬ 
terfere where its security is seriously endangered by the 
internal transactions of another state. But it is admitted, 
that such cases are so very rare, that it would be danger¬ 
ous to reduce them to a rule. The right of forcible inter¬ 
ference is only to be inferred from the circumstances of the 
special case. 

§ 7. So also cases seldom arise, when one nation has a 
right to assist the subjects of another in overturning or 
changing their government. It is generally agreed, that 
such assistance may be afforded consistently with the law 
of nations, in extreme cases ; as when the tyranny of a 
government becomes so oppressive as to compel the people 
to rise in their defense, and call for assistance. It is held 
that rulers may, by an unwarrantable exercise of power, 
violate the principles of the social compact, and give their 
subjects just cause to consider themselves discharged from 
their allegiance. 

§ 8. When the subjects of any government have carried 
their revolt so far as to have established a new state, and 
to give reasonable evidence of their ability to maintain a 
government, the right of assistance is unquestionable. But 
it is not clear, that, prior to this state of progress in a 
revolution, the right ‘to interpose would be justifiable. The 
assistance given by France to this country, during the war 
of our revolution, was not a violation of the law of nations. 
The states having thrown off their allegiance to Great Bri¬ 
tain, and established a government of their own, any for¬ 
eign nation had a right :o assist the states in securing their 
independence. 

§ 9. There is a sense, however, in which nations are not 


234 


CITIZEN ’S MANUAL. 


[Chap. LIX. 


wholly independent. The happiness of mankind, as has 
been observed, depends upon association. (Chap. I, § 5, 6.) 
Without the assistance which men in the social state derive 
from each other, they could scarcely support their own be¬ 
ing. Similar to this is the mutual dependence of nations. 
Although the people of every nation have within themselves 
the means of maintaining their individual and national ex¬ 
istence, their prosperity and happiness are greatly promoted 
by commerce with other nations. And as laws are neces¬ 
sary to govern the conduct of the individual citizens of a 
state, so certain rules are necessary to regulate the inter¬ 
course of nations. 

§ 10. It has been observed, also, that the law of nature, 
which is in accordance with the will of the Creator as ex¬ 
pressed in his revealed law, is a perfect rule for all moral 
and social beings, and ought to be universally obeyed ; and 
that its observance conduces to their highest happiness. 
Equally binding is this law upon nations : nor is the general 
good of mankind less promoted by its application to the 
affairs of nations than by its application to the affairs of 
individual persons. It requires each nation to respect the 
rights of all others, and to do for them what their necessi¬ 
ties demand, and what each is capable of doing, consis¬ 
tently with the duties it owes to itself. 

§ 11. The law of nature applied to nations or states as 
moral persons, is called the natural law of nations. It is also 
called the necessary law of nations , because nations are morally 
bound to observe it; and sometimes the internal law of nar 
tions , from its being binding on the conscience. 

§ 12. Although, as has been elsewhere remarked, (Chap. 
II, § 9,) the law of nature, as expressed in the law of reve¬ 
lation, is a correct rule of human conduct ; yet, as much of 
this law consists of general principles from which particu¬ 
lar duties can not always be deduced, positive human enact¬ 
ments are necessary to define the law nature and revela¬ 
tion. So also an important part of the law of nations neces¬ 
sarily consists of positive institutions. Hence, some writers 
have divided international law under these two principal 
heads : the natural law of nations , and the positive. 

§ 13. The positive law of nations is founded on usage or 
custom and agreement; and may be considered as properly 
divided into the customary law of nations, and the conven • 


('hap LIX ] 


LAW OF NATIONS. 


235 


tional. The customary law of nations consists of certain max¬ 
ims., or is founded on customs and usages which have long 
been observed and tacitly consented to by nations, and which 
thereby become binding upon all who have adopted them, 
so far as their observance does not require the violation of 
the law of nature. 

$ 14. A conventional law of nations is one that has been 
established by a treaty or league. A convention is an assem¬ 
bly of persons who meet for civil or political purposes. But 
an agreement or contract between nations, though made 
without a formal meeting, is deemed conventional. The 
manner in which treaties are made, has been described. 
(Chap. XL, $ 5.) 

§ 15. Thus the rights and interests of nations do not de¬ 
pend for their security entirely upon the law of nature, which 
is liable to misconstruction. Nor, so far as they are depen¬ 
dent upon positive institutions, do they rest wholly upon 
the vague and uncertain law of usage or custom. Conven¬ 
tional law, because more definite, has been found to afford 
far greater security to the rights of commerce. Hence the 
practice, now common among nations, of regulating their 
intercourse by negotiation. Treaties of commerce have 
been formed between most of the principal commercial 
states in the world. Their utility in regulating trade be¬ 
tween states, is no less than that of written agreements 
between individuals, by which the rights of the contracting 
parties are placed beyond dispute. 

§ 16. One advantage of treaties of commerce is, that a 
nation may, if its interest demand, enter into treaties grant¬ 
ing special privileges to one or more nations, without giv¬ 
ing just cause of offense to others. Such special favors, 
however, should not be granted without good reasons. It 
is the duty of every nation to respect the rights of all others, 
and to cultivate that mutual good will which is the result 
of liberal, just, and impartial dealing. 

^17. It may be said, that, if each nation is independent 
of every other, and if there is no constituted authority to 
enforce the fulfillment of treaty stipulations, the rights 
guarantied by treaties are still insecure. Few govern¬ 
ments, however, are so devoid of a sense of honor, as, by a 
palpable violation of their treaty obligations, to incur the 
odium and condemnation of all mankind. Self-respect, and 


236 


CITIZEN’S MANUAL. 


Chap LX. 


the fear ot provoking a war, have generally proved suffi 
cient incentives to the observance of treaties. 

§ 18. The obligations of nations are sometimes called im 
“perfect. A perfect obligation is one that can be enforced— 
one that exists where there js a right to compel the party 
on whom the obligation rests to fulfill it. An imperfect ob¬ 
ligation gives only the right to demand the fulfillment, leav¬ 
ing the party pledged to judge what his duty requires, and 
to do as he chooses, without being constrained by another 
to do otherwise. 


CHAPTER LX. 

THE JURISDICTION OP NATIONS ; THEIR MUTUAL RIGHTS 
AND OBLIGATIONS ; THE RIGHTS OF EMBASSADORS, MIN¬ 
ISTERS, &C. 

§ 1. The seas are regarded as the common highway of 
nations. The main ocean, for navigation and fishing, is 
open to all mankind ; and no nation can appropriate it to 
its own exclusive use. Every state, however, has juris¬ 
diction at sea over its own subjects, in its own public and 
private vessels. The persons on board such vessels are 
protected and governed by the laws of the country to which 
they belong ; and they may be punished by these laws for 
offenses committed on board of its public vessels in foreign 
ports. 

§ 2. The question how far a nation has jurisdiction over 
the seas adjoining its lands, is not clearly settled. It ap¬ 
pears to be generally conceded, that a nation has the right 
of exclusive dominion over navigable rivers flowing through 
its territory ; the harbors, bays, gulfs, and arms of the sea ; 
and such extent of sea adjoining its territories as is neces¬ 
sary to the safety of the nation, which is considered by 
some to be as far as a cannon shot will reach, or about a 
marine league. Different nations have at times claimed 
much wider jurisdiction into the sea ; but such claim rests 
upon doubtful authority. 



Chap. Li.] 


LAW OF NATIONS 


237 


§ 3. It is the duty of a nation, in time of peace, to allow 
the people of other states a passage over its lands and wa- 
ters, so far as it can be permitted without inconvenience, 
and with safety to its own citizens. Of this the nation is 
to be its own judge. The right of passage is therefore only 
an imperfect right , so called, because the obligation to grant 
the right is an imperfect obligation. (See Chap. LIX, § 18.) 
Whenever, therefore, the interests and safety of a nation 
require it, foreigners may be prohibited from coming with¬ 
in its territory. 

§ 4. The right of a state to keep foreigners out of its ter¬ 
ritory, is incident to, or results from the right of domain. 
Domain , in a general sense, signifies possession, or estate, 
and is perhaps more frequently applied to lands. Applied 
to a state, it means its whole territory, with every thing 
included in it. And with respect to other states, the prop¬ 
erty of the individuals in the agg regate is to be considered 
as the property of the nation. The right of domain is un¬ 
limited ; that is, the state has the sole and exclusive right 
to the dominion and control of the territory and other proper¬ 
ty within the state. 

§ 5. In general, it is the duty of a nation to allow for¬ 
eigners to enter and settle in the country. On being ad¬ 
mitted into a state, the state becomes pledged for their pro¬ 
tection, and they become subject to its laws while they re¬ 
side in it j and in consideration of the protection they re¬ 
ceive, they are obliged to aid in defending it, and in sup¬ 
porting its government, even before they are admitted to 
all the rights of citizens. 

§ 6. But when persons who have committed crimes in one 
state, flee into another for shelter, the state into which they 
flee is not bound to rescue them from justice. A person 
charged with crime, can be tried only in the state whose 
laws he has violated. It is therefore the duty of the gov¬ 
ernment to surrender the fugitive, on demand being made 
by the proper authorities of the state from which the per¬ 
son has fled, and after due examination by a civil magis¬ 
trate, if it shall appear to the magistrate that there are suf¬ 
ficient grounds for the charge. The surrender of criminals 
is often provided for in treaties. 

§ 7. That rule of the law of nations, which makes for¬ 
eigners amenable to the law r s cf the state into which they 


238 


CITIZEN S MANUAL. 


r Chap. LX. 


remove, does not apply to embassadors. They are wholly 
exempt from all responsibility to the laws of the country 
to which they are sent, even when guilty of crime. All 
that can be done is, when their conduct is dangerous to the 
government and its citizens, either to deprive them of liber¬ 
ty by confinement, or to send them home, and demand their 
punishment. 

§ 8. As the interests of nations are promoted by inter¬ 
course, it is necessary that there should be some means of 
treating with each other, with the view of maintaining 
friendly relations. This can be done in no other way so 
well as through the medium of persons representing their 
respective governments. Each nation having a right to 
treat and communicate with every other, it ought not to 
be deprived of the services of its representative. Hence, 
by the general consent of nations, the persons and property 
of embassadors and other public ministers, are held sacred 
and inviolable. 

§ 9. Embassadors are, by the law of nations, entitled to 
the same protection in the countries through which they 
pass, in going to, and returning from, the government to 
which they are sent. And to insure them a safe passage, 
it has been the practice with some governments to grant 
passports, to be shown in case they were required. A pass¬ 
port is a written license from the authority of a state, grant¬ 
ing permission or safe conduct for one to pass through its 
territory. Passports, though named in our law, are not 
known in practice, being deemed unnecessary. 

§ 10. An embassador is entitled to protection, by the law 
of nations, on his entering the territory of the nation to 
which he is sent, and making himself known ; though he 
is not insured the enjoyment of all his rights until he is 
formally received by the sovereign, and has presented his 
credentials ; which are letters of attorney from his own 
sovereign, giving him his authority. In this country, min¬ 
isters from abroad are received by the president. 

§11. If a minister at a foreign court treats the sovereign 
with disrespect, the fact is sometimes communicated to the 
government that sent him, with a request for his recall 
Or, if the offense is a more serious one, the offended sover¬ 
eign refuses intercourse with him while his master’s an¬ 
swer is awaited. Or, if the case is an aggravated one, he 


Chap. LX.J 


LAW OF NATIONS 


230 


expels him from the country. Every government has a 
right to judge for itself whether the language or conduct 
of a foreign minister is offensive. 

§ 12. Ministers at foreign governments, in their negotia¬ 
tions or business correspondence with those governments, 
sometimes consider themselves ill-treated, and their own 
nation dishonored, and take their leave and return home ; 
or the minister informs his sovereign, who either recalls 
him, or takes such other measure as he shall think the ho¬ 
nor and interest of his nation demand. 

§ 13. The peculiar condition of a country, the nature of 
the business upon which an embassador is sent, or the per¬ 
sonal character of the embassador, may be such as to jus¬ 
tify a government in refusing to receive such embassador 
But in order to preserve the amicable relations of the two 
countries, satisfactory explanations ought to be made, or 
good reasons offered for the refusal. 

§ 14. Ministers have not power to bind their sovereigns 
to any treaty or agreement. An ordinary credential, or 
letter of attorney, does not authorize a minister to bind his 
sovereign conclusively. He could not do so without a 
special power, containing express authority so to bind his 
principal. Few governments would act so imprudently. 
Their ministers act under secret instructions, which they 
are not bound to disclose. Even the treaties signed by 
plenipotentiaries, (a word signifying full •power ,) are, ac¬ 
cording to present usage, of no force, until ratified by their 
•sovereigns. 

§ 15. We have used the words embassador and minister 
without distinction. The different titles applied to repre¬ 
sentatives at foreign courts, do not indicate any material 
difference between them as to their powers and privileges,, 
but the different degrees of dignity and respectability which 
custom has attached to them. They are differently classed 
by different writers. Perhaps the following is correct: 
(1.) Embassadors. (2.) Envoys and ministers plenipoten¬ 
tiary. (8.) Ministers resident. (4.) Charges d’afifairs 
The United States are represented abroad by ministers and 
charges d’affairs. (See Chap. XL, § 6, 7.) 

§ 16. Consuls are not entitled to the privileges enjoyed 
by ministers ; but are subject to the laws of the country in 
which they reside. The principal duties of consuls have 


240 


CITIZEN’S MANUAL. 


[Chap. LXI 


been described. The office of consul has been found to be 
one of great utility ; hence, every trading nation has a 
consul in every considerable commercial port in the world. 
Their duties and privileges are generally limited and de¬ 
fined in treaties of commerce, or by the laws of the country 
which they represent. As in the case of ministers, consuls 
carry a certificate of their appointment, and must be ac¬ 
knowledged as consuls by the government within whose 
sovereignty they reside, before they can perform any duties 
pertaining to their office. 


CHAPTER LXI. 

OFFENSIVE AND DEFENSIVE WAR ; JUST CAUSES AND OB¬ 
JECTS OF WAR ; REPRISALS ; ALLIANCES IN WAR. 

§ 1. Considering the immense cost of a war ; the vast sac¬ 
rifice of human life, and the misery and sorrow consequent 
thereon ; and its demoralizing effects upon a people ; men 
have formed the conclusion, that all wars are inconsistent 
with the principles of Christianity, and therefore wrong. 
But it is not our purpose to discuss the question of the law¬ 
fulness of war. The general opinion prevalent among 
Christian nations will be assumed ; namely, that self-preser¬ 
vation, or the right, of self-defense, is a part of the law of 
our nature ; and that it is the duty of civil society to pro¬ 
tect the lives and property of its members ; and further, 
that such protection is an essential consideration on which 
they enter into the social compact. 

§ 2. Wars are offensive and defensive. The use of force 
to obtain justice for injuries done, is offensive war. The 
making use of force against any power that attacks a na¬ 
tion or its privileges, is defensive war. A war may be de¬ 
fensive in its principles, though offensive in its operation. 
Thus, one nation is preparing to invade another ; but be¬ 
fore the threatened invasion takes place, the latter attacks 
the former as the best mode of repelling the invasion. In 
this case, the party making the attack would be acting on 
the defensive. (See § 13.) The contending parties are calk 



Chap. LXI.j 


LAW OF NATIONS. 


241 

ed belligerents. The word belligerent is from the Latin bellum , 
war, and gero, to wage, or carry on. Nations that take no 
part in the contest, are called neutrals. 

§ 3. War ought never to be undertaken without the most 
cogent reasons. In the first place, there must be a right to 
make war, and just grounds for making it. Nations have no 
right to employ force any further than is necessary for their 
own defense, and for the maintenance of their rights. Sec¬ 
ondly, it should be made from proper motives ; the good of the 
state, and the safety and common advantage of the citizens. 
Hence, there may be just cause for war, when it would be 
inexpedient or imprudent to involve the nation in such 
calamity. 

§ 4. The numerous objects of a lawful war may be re¬ 
duced to these three : (1.) To recover what belongs to us, 
or to obtain satisfaction for injuries. (2.) To provide for 
our future safety by punishing the offender. (3.) To defend 
or protect ourselves from injury by repelling unjust attacks. 
The first and second are objects of an offensive war ; the 
third is that of a defensive war. 

§ 5. Injury to an individual citizen of a state, by the sub¬ 
jects of another state, is deemed a just cause of war, if the 
persons offending, or the government of the state to which 
they belong, do not make reparation for the injury ; for 
every nation is responsible for the good behavior of its sub¬ 
jects. But, although this would, according to the law of 
nations, afford justifiable cause of war, neither the honor 
nor the true interests of a nation, require, that war should 
always be made for so slight a cause. 

§ 6. The honor and dignity of a nation would, in some 
cases, be best maintained by its making indemnity to its 
injured citizens, if satisfaction is refused, and suffer the 
wrong to pass unredressed. An individual who, though 
under the sanction of law, should avenge every slight act 
of violence committed upon his person, by inflicting per¬ 
sonal chastisement upon the offender, would forfeit the pub¬ 
lic esteem. Nor, as we suppose, is it necessary for a nation, 
in order to retain the respect of civilized nations, to seek 
redress for every trifling injury, by a resort to war. A just 
sense of duty would suggest forbearance, at least until re¬ 
monstrance against the repetition of injuries should be found 
unavailing. 


242 


CITIZEN S MANUAL 


[Chap. LXI 


§ *l. A government that unnecessarily involves a whole 
nation in war, assumes a fearful responsibility. Generally, 
the injury sought to be redressed should be serious, and 
satisfaction be demanded and refused, before recourse is 
had to arms. And where there is a question of right be¬ 
tween the parties, the government making war ought to 
have no reasonable doubt of the justice of its claim. And 
even when no such doubt exists, it would be the duty of 
such government to prevent a war, if possible, by proposals 
of compromise. And it is believed that, in no case ought 
war to be made until attempts have been made to effect an 
adjustment of difficulties by compromise, or by offers to 
submit them for arbitration. 

§ 8. These sentiments, it is admitted, do not accord with 
the general practice of nations ; probably they will not re¬ 
ceive the assent of every reader. But it is believed, that 
those who are well instructed in the precepts of revealed 
religion, and draw their ideas of moral obligation from that 
system of morality, will find in these sentiments nothing to 
condemn. In this enlightened, Christain age, almost all 
national controversies might be honorably settled without 
bloodshed, even when, according to the law of nations, 
just cause of war exists, if the party aggrieved should faith¬ 
fully endeavor, by all proper means, to effect a peaceable 
adjustment. 

§ 9. One of the means by which satisfaction is sought 
without making war, is that of reprisals. (See Chapter 
XXXVI, § 4.) If a nation has taken what belongs to an¬ 
other, or refuses to pay a debt, or to make satisfaction for 
an injury, the offended nation seizes something belonging 
to the former or to her citizens, and retains it, or applies it 
to her own advantage, till she obtains satisfaction : and 
when there shall be no longer any hope of satisfaction, the 
effects thus seized are confiscated, and the reprisals are 
complete. To confiscate is to adjudge property to be forfeit¬ 
ed, and to appropriate it to the use and benefit of the state. 
But as the loss in this case would fall upon unoffending 
citizens, it is the duty of their government to grant them 
indemnity. 

§ 10. But to justify reprisals by the law of nations, the 
grounds upon which they are authorized must be just and 
well ascertained. If the right of the party demanding sat- 


/hap. LXI.J 


LAW OF NATIONS 


243 


isfaction is doubtful, he must first demand an equitable ex¬ 
amination of his claim, and next be able to show that jus¬ 
tice has been refused, before he can justly take the matter 
into his own hands. He has no right to disturb the peace 
and safety of nations on a doubtful pretension. But if the 
other party refuses to have the matter brought to the proof, 
or to accede to any proposition for terminating the dispute 
in a peaceable manner, reprisals become lawful. 

§ 11. By treaties of alliance, nations sometimes agree to 
assist each other in case of war with a third power. It is 
a question not clearly settled, whether the government that 
is to afford the aid, is bound to do so when it deems the war 
to be unjust. The reasonable conclusion seems to be, that, 
in cases simply doubtful, the justice of the war is to be 
presumed ; and the government pledging its aid is bound 
to fulfill its engagement. The contrary doctrine would fur¬ 
nish a nation with too ready a pretext for violating its 
pledge. In cases only of the clearest injustice on the part 
of its ally, can a nation rightfully avoid a positive engage¬ 
ment to afford assistance. 

§ 12. When, however, the object of the war is hopeless, 
or when the state under such engagement would, by fur¬ 
nishing the assistance, endanger its own safety, it is not 
bound to render the aid. But the danger must not be slight, 
remote, or uncertain. None but extreme cases would afford 
sufficient cause for withholding the promised assistance. 

§ 13. When the alliance is defensive, the treaty binds 
each party to assist the other only when engaged in a de¬ 
fensive war, and unjustly attacked. By the conventional 
law of nations, the government that first declares, or actually 
begins the war, is considered as making offensive war ; and 
though it should not be the first actually to apply force, yet 
if it first renders the application of force necessary, it is the 
aggressor ; and the other party, though first to apply force, 
is engaged in a defensive, war. (See § 2.) 


244 


CITIZEN’S MANUAL. 


[Chap. LXII 


CHAPTER LXII. 

DECLARATION OF WAR ; ITS EFFECT UPON THE PERSON 

AND PROPERTY OF THE ENEMY’S SUBJECTS ’ STRATAGEMS 

IN WAR. 

§ 1. When a nation has resolved on making war, it is 
usual to announce the fact by a public declaration. In 
monarchical governments, the power to declare war, which 
of course includes the right of determining the question 
whether it shall be made, is vested in the king. In our own 
country, this power is, by the constitution, given to the 
representatives of the people, for reasons elsewhere stated. 
(Chap. XXXVI, § 3.) 

§ 2. It was the custom of the Romans, first to send a 
herald to demand satisfaction of the offending nation ; and 
if, within a certain period, ( thirty*three days,) a satisfac¬ 
tory answer was not returned, and War was resolved on, 
the herald was sent back as far as the frontier, where he 
declared it. It was considered due to the people of the 
offending nation, that their chief, knowing the consequences 
of refusing satisfaction, might be induced to do justice, and 
to preserve the lives and peace of his subjects. War, with¬ 
out such demand and notice, was regarded as unlawful. 

§ 3. Although the practice of all these formalities was 
not observed by nations in later times, it was usual to make 
a simple declaration, and communicate it to the enemy. But 
according to modern practice, war may lawfully exist with¬ 
out a formal declaration to the enemy. Any manifesto or 
paper from an official source, duly recognized by the gov¬ 
ernment, announcing that the country is in a state of war, 
is considered sufficient. The act of recalling a minister 
has alone been regarded as a hostile act, and followed by 
war, without any other declaration. Such cases, however, 
have not been frequent. Under ordinary circumstances, 
the recall of a minister is not an offensive act. 

§ 4. In the war between the United States and Great 
Britain, declared in 1812, the declaration was not communi¬ 
cated to the British gov ^rnment ; but the war was actually 


Chap. LXII.] 


LAW OP NATIONS. 


245 


commenced on our part immediately after tie act of corn 
gress containing the declaration was passed. The purposes 
of a declaration are answered when due notice of a state of 
war is given by the government to its own citizens and 
those of neutral nations, that they may govern themselves 
accordingly ; and the passage of the act of congress was 
deemed a formal official notice to all the world. 

§ 5. The government of a state acts for and in behalf of 
all its citizens ; and its acts are binding upon all. Hence, 
when a war is declared, it is not merely a war between the 
two governments ; all the subjects of the government de¬ 
claring it, become enemies to all the subjects of that against 
which it is declared. 

§ 6. The severity of the rules of ancient warfare has been 
greatly mitigated. On the breaking out of a war in any 
state, the persons of the enemy found within the state, and 
their property, became immediately liable to be captured. 
And it is still held to be the right of a state to confiscate 
the property of such, and to detain the persons themselves 
as prisoners of war. Only movable property is thus liable 
to confiscation. Houses and lands continue to be the ene¬ 
my’s property ; the income thereof only being subject to con¬ 
fiscation. 

§ 7. Yattel, however, and some others, maintain, that 
neither the subjects of an enemy who are in a country when 
war is declared, nor their effects, can be rightfully detained. 
Permitting them to enter the state, and to continue therein, 
is a tacit promise of protection and security of return. 
They are therefore allowed a reasonable time to retire with 
their effects. Although this mild construction of the law is 
supported by high authority and extensive practice, and is 
consistent, it would seem, with reason and common justice ; 
the question has been settled in this country in favor of the 
more rigid rule. 

§ 8. By decisions of our national courts, war gives the 
sovereign power of the nation full right to take the persons 
and confiscate the property of the enemy wherever they may 
be found. But while these decisions claimed for congress 
the right of confiscation, the confiscation could not be made 
without a special law of congress authorizing it. So that, 
without any statute applying directly to the subject, the 
property would continue under the protection of the law, 


* 


CITIZEN’S MANUAL. 


246 


[Chap. LXII 


and might be claimed by the foreign owner at the restora 
tion of peace. 

§ 9. But whatever may be the true construction of the 
national law on this subject, the government of every nation 
may grant such privileges as it thinks proper, to the sub¬ 
jects of an enemy. Few civilized nations, at the present 
day, would, it is believed, deny such persons a reasonable 
time to retire with their property. It is probably owing, 
in a great measure, to the conflicting opinions of the writers 
on public law, that the privilege spoken of is now so gene¬ 
rally secured by treaty. 

§ 10. When war is declared, all intercourse between the 
two countries at once ceases. All trade between the citi¬ 
zens, directly or indirectly, is strictly forbidden ; and all 
contracts with the enemy, made during the war, are void. 

§ 11. Although a state of war makes all the subjects of 
one nation enemies of all those of the other, all are not 
allowed, at pleasure, to fall upon the enemy. They can not 
lawfully engage in offensive hostilities without permission 
of their government. If they have no written commission 
as evidence of such permission, and if they should be taken 
by the enemy, they would not be entitled to the usual mild 
treatment which other prisoners of war receive, but might 
be treated without mercy as lawless robbers and banditti. 

§ 12. The object of a just war is to obtain justice by 
force when it can not otherwise be had. When, therefore, 
a nation has declared war, it has a right to use all neces¬ 
sary means, and no other, for attaining that end. A just 
war gives us the right to take the life of the enemy ; but 
there are limits to this right. If an enemy submits, and 
lays down his arms, we can not justly take his life. 

§ 13. Although all the subjects of a government are to 
be considered enemies, justice and humanity forbid that 
women, children, feeble old men and sick persons, who 
make no resistance, should be maltreated. Prisoners of 
war are not to be treated with cruelty. They may be con¬ 
fined, and even fettered, if there is reason to apprehend 
that they will rise against their captors, or make their es¬ 
cape. 

§ 14. Prisoners of war are detained to prevent their re¬ 
turning to join the enemy, or to obtain from their govern¬ 
ment a just satisfaction as the price of their liberty. Pris- 


Chap. LXII.] 


LAW OF NATIONS. 


247 


oners may be kept till the end of the war. Then, or at 
any time during the war, the government may exchange 
them for its own soldiers, taken prisoner by the enemy ; or 
a ransom may be required for their release. It is the duty 
of the government to procure, at its own expense, the re¬ 
lease of its citizens. 

§ 15. Ravaging a country, burning private dwellings, or 
otherwise wantonly destroying property, is not justifiable, 
except in cases of absolute necessity. But all fortresses, 
ramparts, and the like, being appropriated to the purposes 
©f war, may be destroyed. 

§ 16. How far it is right to practice stratagems and de¬ 
ceit to obtain advantage of an enemy, we will not under¬ 
take to decide. To some extent they are justified by the 
law of nations ; but in general they are dishonorable and 
wrong. 

§ 17. Spies are sometimes sent among the enemy, to dis¬ 
cover the state of his affairs, to pry into his designs, and 
carry back information. This is a dishonorable office ; and 
spies, if detected, are condemned to death. 

§ 18. The rights of a nation in war at sea are essentially 
different from those in war upon land. The object of a 
maritime war is to destroy the commerce and navigation 
of the enemy, with a view of weakening his naval power. 
To this end, the capture or destruction of private property 
is necessary, and is justified by the law of nations. Hence, 
for purposes of attack as well as defense, every nation of 
considerable power or commercial importance beeps a navy, 
consisting of a number of war vessels, which are kept 
ready for service. 

§ 19. Besides these national ships of war, there are armed 
vessels owned by private citizens, which are called ‘priva¬ 
teers. Their owners receive from the government a com¬ 
mission to go on the seas, and to capture any vessel of the 
enemy, whether it is owned by the government or by pri¬ 
vate citizens, or whether it is armed or not. And to en¬ 
courage privateering, the government allows the owner and 
crew to keep the property captured as their own. 

§ 20. This right being liable to great abuse, the owners 
are required to give security, that the cruise shall be con¬ 
ducted according to instructions and the usages of war ; 
and that the rights of neutral j ations shall not be violated : 


248 


CITIZEN’S MANUAL 


[Chap. LXIII. 


and that they will bring in the property captured for adju¬ 
dication. When a prize is brought into a port, the captors 
make a writing, called libel, stating the facts of the capture, 
and praying that the property may be condemned ; and 
this paper is filed in the proper court. 

§ 21. If it shall be made to appear that the property was 
taken from the enemy, the court condemns the property as 
prize, which is then sold, and the proceeds are distributed 
among the captors. All prizes, whether taken by a public 
or private armed vessel, primarily belong to the sovereign ; 
and no person has any interest in it except what he re¬ 
ceives from the state : and due proof must in all cases be 
made before the proper court, that the seizure was lawfully 
made. In this country, prizes are proved and condemned 
in a district court, which, when sitting for this purpose, is 
called a prize court. 


CHAPTER LXIII. 

RIGHTS AND DUTIES OF NEUTRAL NATIONS ; CONTRABAND 
GOODS ; BLOCKADE ; RIGHT OF SEARCH ; SAFE-CONDUCTS 
AND PASSPORTS ; TRUCES ; TREATIES OF PEACE, &C. 

§ 1. A neutral nation is bound to observe a strict impar¬ 
tiality toward the parties at war. If she should aid one 
party to the injury of the other, she would be liable to be 
herself treated as an enemy. A loan of money to one of 
the belligerent parties, or supplying him with other means 
of carrying on a war, if done with the view of aiding such 
party in the war, would be a violation of neutrality. But 
an engagement made in time of peace to furnish a nation 
a certain number of ships, or troops, or ojher articles of 
war, may afterward, in time of war, be fulfilled. 

§ 2. A nation is not bound, on the occurrence of a war, 
to change its customary trade, and to cease supplying a 
belligerent with any articles of trade which such belliger¬ 
ent was wont to receive from her, although the goods may 
afford him the means of carrying on the war. This rule 



Chap. LXIII ] 


LAW OF NATIONS. 


240 


applies also to the loaning of money. If a nation has been 
accustomed to lend money to another for the sake of inter¬ 
est, and the latter should become engaged in a war with a 
third power, the neutral nation would not break her neu¬ 
trality if she should continue so to lend her money. The 
wrong in any case lies in the intention of aiding one to the 
detriment of the other. 

§ 3. Yattel, however, in laying down this rule, supposes 
the case of a belligerent going himself to a neutral coun¬ 
try to make his purchases. But in the case of a neutral 
nation carrying goods to the enemy of another, he does not 
appear to allow the same liberty. A nation in a just war, 
has a right to deprive her enemy of the means of resisting 
or injuring her, and therefore may lawfully intercept every 
thing of a warlike nature which a neutral is carrying to 
such enemy. 

§ 4. A neutral nation’s being permitted to continue her 
commerce with belligerent nations, and at the same time 
to furnish them with the means of war, renders it difficult 
sometimes to determine how far freedom of trade is consist¬ 
ent with the laws of war. In determining this question, it 
is necessary to distinguish correctly between goods that do 
not subserve the purposes of war, and those that do ; for 
nations should enjoy full liberty to trade in the former. 
To attempt to stop this trade would be a violation of the 
rights of neutral nations. 

§ 5. Articles which are particularly useful in war, are 
those which a neutral is not allowed to carry to an enemy. 
The goods thus prohibited are called contraband goods . 
What these are, it is impossible to say with precision, as 
some articles may in certain cases be lawfully carried, 
which would be justly prohibited under other circum¬ 
stances. Among the articles usually contraband, are arms, 
ammunition, materials for ship-building, naval stores, 
horses, and sometimes even provisions. 

§ 6. Contraband goods, when ascertained to be such, are 
confiscated to the captors as lawful prize. Formerly the 
vessel also was liable to be condemned and confiscated ; 
but the modern practice, it is said, exempts the ship, unless 
it belongs to the owner of the contraband articles, or the 
carrying of them is connected with aggravating circum 
stances. 


250 


CITIZEN’S MANUAL. 


[Chap. LXIII 


§ 7. One of the rights of a belligerent nation, and one 
which a neutral is bound to regard, is the right of blockade. 
Blockade is a blocking up. A war blcckade is the station¬ 
ing of ships of war at the entrance of an enemy’s ports, to 
prevent all vessels from coming out or going in. The object 
of a blockade is to hinder supplies of arms, ammunition, and 
provisions from entering, with a view to compel a surren¬ 
der by hunger and want, without an attack. A neutral 
vessel attempting to enter or depart, becomes liable to be 
seized and condemned. Towns and fortresses also may be 
shut up by posting troops at the avenues. 

§ 8. A simple decree or order declaring a certain coast 
or country in a state of blockade, does not constitute a law¬ 
ful blockade. A force must be stationed there, competent 
to maintain the blockade, and to make it dangerous to enter. 
And it is necessary, also, that the neutral should have due 
notice of the blockade in order to subject his property to 
condemnation and forfeiture. According to modern usage, 
if a place is blockaded by sea only, commerce with it by a 
neutral may be carried on by inland communication. Also, 
a neutral vessel, loaded before the blockade was establish¬ 
ed, has a right to leave the port with her cargo. 

§ 9. To prevent the conveyance of contraband goods, the 
law of nations gives a belligerent nation the right of search ; 
that is, the right, in time of war, to search neutral vessels, 
to ascertain their character, and what articles are on board. 
A neutral vessel refusing to be searched by a lawful cruiser, 
would thereby render herself liable to condemnation as a 
prize. Private merchant vessels only are subject to search ; 
the right does not extend to public ships of war. 

§ 10. To prove the neutral character of a vessel, she must 
be furnished with the necessary documents. The papers 
required are, sea-letters or passports, describing the name, 
property, and burden of the ship ; the name and residence 
A the commander ; and certificates containing the particu¬ 
lars of the cargo, and place whence the ship sailed, signed 
by the officers of the port. In a time of universal peace, 
the register of the vessel has been deemed sufficient. 

§ 11. The property of an enemy found on board of a 
neutral vessel, may be seized, if the vessel is beyond the 
limits of the jurisdiction of the nation to which she belongs ; 
but the vessel is not confiscated ; and the master is more* 


Chap. LXIII.] 


LAW OF NATIONS. 


251 


over entitled to freight for the carriage of the goods. The 
'property of neutrals found in an enemy’s vessels , is to be restored 
to the owners. 

§ 12. A neutral is forbidden, by the law and practice of 
nations, to permit a belligerent to arm and equip vessels 
of war within her ports. And our own government has, in 
conformity with the law of nations, declared it to be a mis¬ 
demeanor for any of our citizens to fit out any vessel within 
the United States, or to accept or exercise a commission, or 
to enlist, or hire another to enlist, to go beyond the limits 
of the United States, to assist any people in war against 
another with whom we are at peace. 

§ 13. It has been observed, that, in time of peace, the 
people of one nation are entitled to an innocent passage 
over the lands and waters of another. (Chap. LX, § 3.) It 
is held that this right extends to troops of war. But hr 
who desires to march his troops through a neutral country 
must apply to the government of the neutral nation for per¬ 
mission ; for it rests with the sovereign authority to judge 
whether the passage would be innocent. Such passage can 
scarcely be made without damage. 

§ 14. If a passage is granted to the troops of one bellig¬ 
erent, the other has no just ground of complaint against the 
neutral state. But if a neutral nation grants or refuses a 
passage to one of the parties at war, she ought also to 
grant or refuse it to the other, unless she was previously 
bound to the former by treaty ; in which case a passage 
can be justly claimed under the provisions of the treaty. 

§ 15. It is sometimes agreed to suspend hostilities for a 
time. If the agreement is only for a short period, for the 
purpose of burying the dead after battle, or for a parley 
between the hostile generals, or if it regards only some par¬ 
ticular place, it is called a cessation or suspension of arms. 
If for a considerable time, and especially if general, it is 
called a truce. By a partial truce, hostilities are suspended 
in certain places, as between a town and the general be¬ 
sieging it ; and generals have power to make such truces. 
By a general truce, hostilities are to cease generally, and 
in all places, and are made by the governments or sover¬ 
eigns. Such truces afford opportunities for nations to sef 
tie their disputes by negotiation. 

§ 16. A truce binds the contracting parties from the tim*? 


252 


CITIZEN’S MANUAL. 


[Chap. LXII1 


it is made ; but individuals of the nation are not responsible 
for its violation before they have had due notice of it. And 
for all prizes taken after the time of its commencement, the 
government is bound to make restitution. During the ces¬ 
sation of hostilities, each party may, within his own terri¬ 
tories, continue his preparations for war, without being 
chargeable with a breach of good faith. 

§ 17. Safe conducts and passports are written licenses insur¬ 
ing safety to persons in passing and repassing, or insuring 
a safe passage of property. The right to grant safe con¬ 
ducts rests in the supreme authority of a state ; but the 
right is either expressly delegated to subordinate officers, 
or they derive it from the nature of their trust. If a person 
suffers damage by a violation of his passport, he is entitled 
to indemnity from him who promised security. 

§ 18. War is generally terminated, and peace secured, by 
treaties, called treaties of peace. The manner of making trea¬ 
ties has been described. (Chap. XL, § 5.) A treaty of peace 
puts an end to the war, and leaves the contracting parties 
no right to take up arms again for the same cause. Hence, 
the parties agree to preserve “ perpetual peace,” which, 
however, relates only to the war which the treaty termi¬ 
nates ; but does not bind either party never to make war 
on the other for any cause that may thereafter arise. 

§ 19. The contracting parties to a treaty of peace are 
bound by it from the time of its conclusion, which is the day 
on which it is signed ; but, as in the case of a truce, per¬ 
sons are not held responsible for any hostile acts committed 
before the treaty was known ; and their government * is 
bound to order and to enforce the restitution of property 
captured subsequently to the conclusion of the treaty. 

§ 20. War is sometimes terminated by mediation. A friend 
to both parties, desirous of stopping the destruction of hu¬ 
man life, kindly endeavors to reconcile the parties. The 
friendly sovereign who thus interposes, is called mediator. 
Many desolating wars might have been early arrested in 
this way, had there always been among friendly powers 
generally a disposition to reconcile contending nations. 


Chap. LXIV.] 


PARLIAMENTARY RULES. 


253 


PARLIAMENTARY RULES 


CHAPTER LXIY. 

NECESSITY OF RULES OF PROCEEDING IN DELIBERATIVE 
BODIES ; ORGANIZATION OF AN ASSEMBLY ; DUTIES OF 
ITS OFFICERS ; RIGHTS AND DUTIES OF MEMBERS. 

$ 1. It must be apparent, upon the slightest considera¬ 
tion, that no deliberative assembly, consisting of any con¬ 
siderable number of persons, can transact business with 
facility or dispatch, without some established rules of pro¬ 
ceeding. Their deliberations would almost unavoidably be 
protracted by needless debate ; action upon any subject 
would be liable to interruption ; and perhaps the assembly, 
incapable of preserving order, would break up in confusion. 

§ 2. Hence, it has become the universal practice of poli¬ 
tical conventions and other assemblages for deliberative 
purposes, to observe some rules for conducting their delibe¬ 
rations. These rules are in all bodies nearly the same ; so 
far, at least as the character of different meetings will ad¬ 
mit ; and, like many other institutions in this country, have 
come to us from England. From their having been origi¬ 
nally adopted and practiced by the British parliament, they 
are called parliamentary rules ; and the same term is still used, 
whether applied to the rules of legislative bodies, or to 
those of meetings for other purposes, 

§ 3. These rules have been adopted by all legislative as¬ 
semblies in this country, with such alterations and addi¬ 
tions only as have been found necessary to adapt them to 
the peculiar circumstances of each assembly. And so far 
as they admit of general application, they regulate the pro¬ 
ceedings of all public meetings. As every citizen has oc¬ 
casion to participate in public business, and as a large por¬ 
tion of the citizens are at times called upon to preside at 
meetings of some kind, a compendium of the principal rules 
of parliamentary practice, will, it is believed, add essen- 



254 CITIZEN’S MANUAL. [Chap. LXIV 

tial value to this “ Manual,” and will not be deemed incom¬ 
patible with its design. 

§ 4. Before an assembly proceeds to business, it must be 
duly organized ; that is, it must be put into a suitable form 
for the transaction of business. It is done thus : One of 
the members of the meeting requests the others to come to 
order. The members having become seated, he requests 
them to nominate (name) some person to act as chairman. 
This being done, he declares that such person has been no¬ 
minated, and puts the question, that the person named be 
requested to take the chair. 

$ 5. It is not unusual for the person himself who calls the 
meeting to order, both to nominate a candidate for the chair, 
and to put the question to vote. Should the question be 
decided in the negative, (which, however, is seldom the 
case,) another person is nominated and the question is ta¬ 
ken, until a choice is made. The person chosen to serve as 
chairman takes the chair, and proceeds to complete the or¬ 
ganization of the meeting, by the election of a clerk, or sec¬ 
retary, in the same manner, and such other officers as the 
assembly shall think proper to appoint. 

§ 6. When large conventions are assembled, and the im¬ 
portance of the business to be transacted seems to require 
a more deliberate choice of officers, the person calling the 
convention to order sometimes announces, that the organi¬ 
zation is intended to be temporary, and preparatory to a 
permanent organization. And after such temporary organi¬ 
zation, a committee is appointed to make a selection of 
persons as permanent officers of the meeting ; who are gen¬ 
erally a president, one or more vice-presidents, and one or 
more secretaries. 

$ 7. The business of a vice-president is to take the chair 
in the absence of the president from the meeting, or when 
he leaves the chair to take part in the proceedings as an 
ordinary member. When, as is often the case at large con¬ 
ventions, a number of supernumerary vice-presidents and 
secretaries are chosen, it is done chiefly to give conse¬ 
quence and dignity to the meeting. 

$ 8. In deliberative bodies composed of delegates chosen 
in the several towns, counties, or districts, to represent the 
people of these localities, it is necessary to ascertain be¬ 
fore proceeding to business, who have been chosen as mem- 


Chap. LXIV.j 


PARLIAMENTARY RULES. 


255 


bers, that those only who are authorized may take part in 
the proceedings, and that a list of the members may be 
made for the use of the meeting and its officers. A proper 
time for this investigation, is before the permanent organi¬ 
zation, if the meeting was not permanently organized in 
the first instance. 

§ 9. Sometimes also before, or immediately after, the per¬ 
manent organization, besides the committee appointed to 
select permanent officers, committees are also appointed to 
arrange and report the order of business, and to fix the 
times for reassembling after adjournment ; to prepare re¬ 
solutions, and perhaps an address, to be presented to the 
meeting for consideration ; and for such other purposes as 
may be deemed necessary. These committees are thus 
early appointed, that there may be no unnecessary delay 
in proceeding to business when the convention shall have 
become permanently organized. Legislative bodies have 
standing rules for the order of business, which are adopted 
by each successive legislature, and seldom with any essen¬ 
tial alteration. 

§ 10. Legislative assemblies can not do business without 
the presence of a quorum. The number of members con¬ 
stituting a quorum, is fixed by the constitution or by 
law. As ordinary public meetings are not to consist of 
any definite number of persons, it can not be known what 
number of members constitute a quorum. Hence, the busi¬ 
ness of such meetings is generally commenced, and from 
time to time resumed, after waiting a reasonable time for 
the attendance of members, without reference to any par¬ 
ticular number. 

§ 11. The principal duties of a presiding officer, are the 
following : To open each sitting by taking the chair, and 
calling the members to order ; to announce to the assembly 
the business in order ; to receive all communications, mes¬ 
sages, motions, and propositions, and put to vote all ques¬ 
tions which are to be decided by the assembly, and declare 
the result ; to enforce the rules of order, and the observance 
of decorum among the members. The presiding officer may 
read sitting, but should rise to state a motion, or put a 
question. In many, especially small bodies, the formality 
of rising is more frequently dispensed with. 

§ 12. It is the duty of a clerk or secretary, to take notes 


256 


CITIZEN’S MANUAL. 


[Chap LXV 


of all the acts and proceedings of the meeting ; to read all 
papers that may be ordered to be read ; to call the roll of 
the assembly, and record the votes when necessary ; to no¬ 
tify committees of their appointment and of the business 
referred to them ; and to take charge of all papers and do¬ 
cuments belonging to the assembly. 

§ 13. It is the duty of every member to treat all other 
members with respect and decorum. In general, whisper¬ 
ing or speaking to each other ; standing up to the inter¬ 
ruption of others ; walking across the room, and especially 
passing between the presiding officer and a member speak¬ 
ing ; to enter the room, or to remove from place to place, 
with hats on ; are all violations of the rules of decorum. 
But to disturb each other by hissing, intentional coughing, 
spitting, or otherwise, is an aggravated breach of decorum, 
of which no member having a proper respect for himself or 
the assembly, will be guilty. 

§ 14. It is the right of any member, and the special duty 
of the presiding officer, to call the attention of the assembly 
to any instance of disorderly conduct. A member charged 
with an offense against the assembly has a right to vindi¬ 
cate himself from the charge, and having been heard, he is 
to withdraw, unless, on his offering to withdraw, the as¬ 
sembly allows him to remain. 

§ 15. No member, when his private interests, or his con¬ 
duct as a member, are involved in a question under debate, 
ought to be present after having been heard in exculpa¬ 
tion ; but if he should remain, he should not be allowed to 
vote ; or, if he should vote, his vote ought to be disallowed. 
The laws of decency, the honor of the assembly, and the 
rule that no man is to be judge in his own case, alike for¬ 
bid the allowance of such vote. 


Chap. LXV.) 


PARLIAMENTARY RULES 


257 


CHAPTER LXY. 

GENERAL ORDER OR ARRANGEMENT OF BUSINESS—INTRO« 
DUCTION OF BUSINESS, BY MOTION, PETITION, &C. 

§ 1. When there has been no previous arrangement of 
the business of an assembly, the order in which the seve¬ 
ral matters are to be taken up, is left to the discretion of 
the presiding officer, unless the assembly, on a question, 
shall decide to take up a particular subject. In legislative 
bodies, there is a settled order of business ; and the utility 
of such an order is found also in other meetings, which are 
to last a considerable time, and which have before them 
numerous subjects to be acted upon. 

§ 2. Such an arrangement of business is desirable, both 
for the government of the presiding officer, and for restrain¬ 
ing individual members from calling up favorite measures 
out of their just turn. Although, in the absence of a set¬ 
tled order, the consent of the assembly might be required 
in order to give precedence to any such favorite measure, 
an established order is useful in directing the discretion of 
the assembly, when it is moved to take up a particular mat¬ 
ter to the injury of others which have a prior right to be 
attended to in the general order of business. 

§ 3. It may be observed, in relation to a settled order of 
business, that the question of its necessity, and, if neces¬ 
sary, whether it shall be established according to some 
general rule, or by special orders relating to each particular 
subject, is to be determined by the nature and number of 
the matters before the meeting. 

§ 4. When a meeting has been duly organized, and is 
open for business, any member may offer any proposition or 
communication which he may choose to make, consistently 
with the rules of the assembly. In order to do this, he 
must first “ obtain the floor, 7 ' as it is called. This is done 
by rising in his place, and addressing the presiding officer 
ny his title ; as, “ Mr. President, 77 or “ Mr. Chairman,’ 7 as the 
case may require. The presiding officer, hearing himself 
addressed, answers the call, by speaking the name of the 


258 


CITIZEN’S MANUAL. 


Chap. LXV 


member, that the assembly may take notice who it is that 
speaks. In legislative and other bodies representing large 
territories, such member is announced as “ the gentleman 
from-,” naming the town or district which he represents. 

§ 5. If two or more rise to speak nearly together, the 
presiding officer determines who was first up, and announces 
him ; whereupon he proceeds, unless he voluntarily sits 
down and gives way to the other. If the decision of the presi¬ 
dent is not satisfactory, any member may call it in question, 
and have the sense of the assembly taken thereon ; the 
question being first taken upon the name of the person an¬ 
nounced by the president. 

^ 6. A member introducing a proposition of his own, 
whether by resolution or otherwise, puts it into the proper 
form, and moves that it be adopted by the assembly. A 
proposition thus moved, is called a motion ; and it is so call¬ 
ed until it has been stated by the chair, and offered to the 
assembly for its adoption or rejection, when it is denomina¬ 
ted a question ; and when it is adopted, it becomes the re¬ 
solution, order , or vote of the assembly. 

§ 7. Motions are usually submitted in writing ; and the 
president may refuse to receive any motion that is not in 
writing. Motions, however, which admit of being easily 
and correctly recorded by the secretary are often received, 
though not in writing. Or the chairman himself may, if 
he pleases, reduce a motion to writing before it is submitted. 

^ 8. It should here be observed that principal motions 
only come under this rule. Occasional or incidental motions, 
and motions subsidiary to, or aiding a principal motion, are 
not offered in writing. Of these kinds of motions, are mo¬ 
tions to adjourn, to postpone, to lie on the table, to take the 
previous question, to commit a subject ; that is, to refer it 
to a committee. But a motion to amend, when additional 
words are to be inserted, must, if required, be in writing. 
These motions will be more particularly considered here¬ 
after. (Chap. LXVIII.) 

§ 9. A motion, to be entitled to the notice of the presid¬ 
ing officer, must have the approval of at least one member 
besides the person making it; which approval is express¬ 
ed by his rising and saying that he seconds the motion. It 
is generally deemed inexpedient to take up time in consid¬ 
ering a question which none but the mover regards with 
favor. 



Chap. LXVL • 


PA LIAMENTARV RULES. 


259 


§ 10. When a motion has been seconded, it is stated by 
the president tlie meeting. It then becomes a question 
for the decision of the meeting ; and it is then, and not be¬ 
fore, in order for any member to speak to it, or to make any 
other motion for the disposal of it. 

§11. Communications, as memorials, petitions, remon¬ 
strances, from persons not members, are presented by mem¬ 
bers, as no person but a member has a right to speak to 
the assembly. A member presenting a petition, should be 
able to state the substance of it, and also prepared to say, 
if questioned, that it is written in proper and respectful 
language. 

§ 12. According to the regular form, on presenting or of¬ 
fering a petition, a motion to receive it must be made and 
seconded, and a question put, whether it shall be received. 
In practice, however, the formality of a vote is generally 
dispensed with ; and if no objection to its being received 
is made, the president takes it for granted that there is 
none. The petition is then brought up to the table, read 
by the clerk, and disposed of by the assembly. In legis¬ 
lative bodies, the mass of petitions are not even read on 
their reception, but are referred to the committees on the 
subjects to which the petitions relate. Other communica¬ 
tions than petitions from persons not members, take a si¬ 
milar course. 


CHAPTER LXVI. 

MOTIONS—FOR THE PREVIOUS QUESTION ; FOR POSTPONE¬ 
MENT ; TO LIE ON THE TABLE; TO COMMIT. 

§ 1. When a question before an assembly is deemed use¬ 
less or inexpedient, or is thought to have been sufficiently 
discussed, any member may stop the debate by moving 
the previous question ; which is, Shall the main question he now 
put ? If the question is decided in the affirmative, the 
main question is to be put immediately, without any fur* 
ther debate 



2G0 


CITIZEN’S MANUAL. 


[Chap. LXV1. 


§ 2. But the effect of a decision in the negative, is not 
everywhere the same. In some legislative bodies, the de¬ 
cision that the main question shall not be now put, is re¬ 
garded as a determination that it shall not be put at any 
time during the present sitting ; leaving the debate to con¬ 
tinue through the same, unless the question shall be sooner 
disposed of. In the house of representatives, a negative 
vote on the previous question, has the contrary effect ; that 
of stopping the debate for the day. 

§ 3. To understand how it has come, that a negative de¬ 
cision should operate to suppress debate on a main question, 
when it is the object of an affirmative vote to effect a simi¬ 
lar result, it is necessary to refer to the original use of 
the previous question. It is said to have been introduced 
in England, in 1604. It was then, Shall the main question 
be put ? and a determination in the negative suppressed the 
main question for the whole session ; for, if it could not be 
put at all, there was no use in continuing the discussion. 

§ 4. But the previous question was afterward altered to 
its present form : Shall the main question be now put ? and 
a decision in the negative, namely, that it shall not be now 
put, is to decide that it shall not be put that day. Hence, 
as the main question can not be put that day, or at the 
present sitting, the debate must be suspended during the 
same time. 

§ 5. In the assembly of New York, and perhaps in some 
other legislative bodies, if the previous question is nega¬ 
tived ; that is, if the main question can not be now put, the 
main question remains under debate. If the previous ques¬ 
tion is ordered, and if there are any pending amendments 
which have been adopted in committee of the whole, and 
not acted on in the house, the question is taken upon such 
amendments in their order, and without further debate or 
amendment, before the main question is put. In other 
bodies, all pending amendments are cut off and lost by tak¬ 
ing the main question. 

§ 6. In England, the object of the mover of the previous 
question, is to obtain a negative decision ; because, although 
the effect would be, strictly, and according to its original 
intention, to suppress the main question for the day, it has, 
by parliamentary usage, come to be a disposal of the main 
question altogether, without a ivte upon it j whereas, in this 


Chap. LXVI-1 


PARLIAMENTARY RULES. 


261 


country, the object of the mover of the previous question, is 
to get a vote in the affirmative, with the view, not of sup¬ 
pressing the main question entirely, but of suppressing de¬ 
bate, either altogether, as in some assemblies, or, as in 
others, for the present time only. The effect of an affirma¬ 
tive decision is the same in both countries, namely, the put¬ 
ting of the main question immediately. 

§ 7. When it is desired to suppress a main question for 
the whole session without having it come to a vote, the 
preferable course is, to move that the question be ‘postponed 
indefinitely ; which is a postponement without fixing a day 
for resuming the consideration of the question. This 
quashes the proposition for that session. 

§ 8. When a question is before an assembly, which is 
deemed proper to be acted upon, but on which members 
are not prepared to act, either from want of information, 
or because something more pressing claims present atten¬ 
tion, a motion is made to postpone the subject to some future 
day within the session ; or, if it is not thought proper to 
fix upon a day certain, the proper motion is, that the mat¬ 
ter lie an the table. It may then be called up at any time 
when it is convenient to consider it. Such motion is some¬ 
times intended to make a final disposal of a subject ; 
as such will be the effect, if it should not afterward be 
called up. 

§ 9. If a proposition is so imperfect in its form as to need 
more amendment than can be conveniently made by the 
assembly, a motion is made to commit it ; that is, to refer it 
to a committee for amendment ; which committee may be 
the standing committee having similar subjects in charge, 
or a select committee appointed for this special purpose. 

§ 10. But if the proposition is well digested, and seems 
to need but few and simple amendments, and especially it 
these are of leading consequence, the assembly itself pro¬ 
ceeds to consider and amend the proposition. The modes 
of amendment are so various, and the different motions to 
amend so numerous, as tc require a separate chapter foi 
their consideration. 


202 


CITIZEN’S MANUAL. 


r Chap. LXVII. 


CHAPTER LXYII. 

amendments; division of a question, and its modifi¬ 
cation ; DIFFERENT MOTIONS TO AMEND ; FILLING 

BLANKS ; ORDER OF PROCEEDING IN CONSIDERING AND 

AMENDING PAPERS. 

§ 1. When a proposition or a question contains more 
parts than one, it may, by consent of the assembly, be di¬ 
vided into two or more questions. So also, if there are 
several names in a proposition, they may be divided, and put 
one by one. 

§ 2. The mover of a proposition is sometimes allowed to 
modify it, after it has been stated as a question by the pre¬ 
siding officer. And sometimes, after an amendment has 
been moved and seconded, the mover of the original propo¬ 
sition consents to the amendment, and it is accordingly made. 
But if objected to, such modification and amendment can 
only be made by permission of the assembly, by a motion 
and vote. Nor may the mover of a proposition, after it 
has been stated as a question, withdraw it, without similar 
leave. 

§ 3. One way of amending a proposition, is by striking 
out certain words, or a paragraph. Before a question is 
put on a proposed amendment by striking out, those de¬ 
siring to retain the paragraph, should amend it, if it needs 
amendment, before the vote on striking out is taken ; as 
it can not be restored, if struck out, nor amended, if re¬ 
tained. 

§ 4. When it is proposed to amend by inserting or adding 
a paragraph, or a part of one, its friends should make it as 
acceptable as they can, by amendments, before the ques¬ 
tion is put for inserting ; as it can not be amended by in¬ 
serting the same words afterward If, however, the same 
words are connected with others, so as to make a differ¬ 
ent proposition, a motion to insert the same words is in 
order. 

§ 5. When it is moved to amend by striking out or in¬ 
serting certain words, or a paragraph, the manner t>f stating 


C!,ap. LXVII.] 


PARLIAMENTARY RULES. 


2G3 


the question is, first, to read the whole passage to be 
amended as it stands ; then the words proposed to be struck 
out or inserted ; and lastly the passage as it will be when 
amended. 

§ 6. Another form of amending a proposition is, to strike 
out certain words and insert others in their place. The man¬ 
ner of stating a question of this kind, is, first, to read the 
passage as it stands at present ; then the words to be struck 
out ; next those to be inserted ; and lastly, the passage as 
it will stand if amended. If desired, the question may then 
be divided by a vote of the assembly : if divided, the ques¬ 
tion is first taken on striking out ; and, if carried, it is next 
put on inserting the words proposed. If that question is 
lost, it may be moved to insert others. 

§ I. If a motion to amend by striking out and inserting, 
is put, undivided, and decided in the negative, the same 
motion can not be made again ; but it may be moved to 
strike out the same words, and insert others of a tenor dif¬ 
ferent from those first proposed. If this motion is negatived, 
it may be moved to strike out the same words, and insert 
nothing. Motions may, in various other ways, be made to 
amend by striking out or inserting words formerly proposed 
to be struck out or inserted, or a part of them ; provided 
they are so connected with others not before proposed, as to 
make a different proposition. 

§ 8. If a motion to strike out and insert is decided in the 
affirmative, it can not be moved, either to insert the words 
struck out, or a part of them, or to strike out those inserted, 
or a part of them ; but the words struck out, or a part of 
them, may be inserted with others ; and the words inserted, 
or a part of them, may be struck out with others. 

§ 9. A proposed amendment may itself be amended ; but 
a motion to amend an amendment to an amendment of a 
main question, is not admitted. Such an accumulation, or 
piling of questions, would embarrass the action of an assem¬ 
bly. The same result must be sought by deciding against 
the amendment of the amendment in the form proposed, and 
then moving it again as it is wished to be amended. In 
this form it becomes only an amendment of an amendment. 
A person desiring to amend an amendment should give 
notice, that, if rejected in its present form, he will move it 
again in the form in which he wishes it adopte 1 ; in which 


2g4 CITIZEN’S MANUAL. [Chap. LXVIL 

Aase, those who prefer the latter may join in rejecting the 
former. 

§ 10. Propositions are sometimes introduced with blanks, 
purposely left by the mover, to be filled with times and 
numbers by the assembly. The matter to be inserted, how¬ 
ever, is not properly considered as an amendment to a ques¬ 
tion, but rather as an original motion, to be decided before 
the principal question. Motions may be made to fill blanks, 
and the question put on each before another is made. But 
the usual and better mode is, to have several propositions 
first made, and then take the question on them in regular 
order. 

§ 11. In filling blanks, it is not the rule in all assemblies, 
as some suppose, that the largest sum or number, and long¬ 
est time, are always to be first put to the question ; although 
such is probably the general rule. A better rule is said to 
be this : In all cases of time or number, if the larger com¬ 
prehends the lesser, we must begin with the greatest, and go 
down until an affirmative vote is obtained. But if the lesser 
includes the greater, the question must be first put on the 
least, and go up until a vote is reached. 

§ 12. But it is not, in all cases, easy to determine, whe¬ 
ther the larger includes the lesser, or the lesser the greater ; 
as will appear from the fact, that Mr. Jefferson, in his 
Manual, mentions, among others, as belonging to the for¬ 
mer class, the question, to what day a postponement shall 
be ; and to the latter, the question, on what day the ses¬ 
sion shall be closed by adjournment. Another author as¬ 
signs to the former class, the amount of a fine ; and to the 
latter, the amount of a tax. In these and other cases men¬ 
tioned, the distinction might not, at first thought, appear to 
every presiding officer. 

§ 13. Therefore, in explanation of this rule, it is said, that 
the object is, not to begin at that extreme number or time, 
which, and more, being within every man’s wish, none can 
vote against it ; and yet, if it should be carried in the af¬ 
firmative, every question for more would be precluded ; 
but at that extreme which will unite few, and then to ad¬ 
vance or recede, until a number or time is reached that will 
unite a majority. 

§ 14. To illustrate : Take the question of postponement, 
(§ 12,) and suppose three days named to fill a blank, the 


Chap. LXVTI.] 


PARLIAMENTARY RULES. 


265 


first, tenth, and twentieth of any month. Here the greater 
includes the lesser ; because, if the time of postponement 
extends to the furthest day named, it of course extends to 
or beyond the earliest ; or, the earliest or a later day is 
within every man’s wish. But if the above named days 
were proposed as days on which to adjourn, the lesser 
would include the srreater ; for, if the assembly adjourns 
on the first day of tht, month, it will of course be adjourned 
on the twentieth : and as all wish for the adjournment as 
early as the twentieth, or earlier, the beginning should be 
at the other extreme. But the difficulty of applying this 
rule in many cases, is perhaps a reason why it is the gen¬ 
eral rule to take the question first on the largest numbei 
and longest time. 

§ 15. The natural order in considering and amending any 
paper containing several distinct propositions, is to begin 
at the beginning, and proceed through it by paragraphs ; 
and it is not in order to go back and amend any former 
part. This, however, is sometimes allowed, especially in 
small bodies, where a strict adherence to the rule is less 
necessary. 

§ 16. To the above rule there is an exception. In the 
case of a resolution, or series of resolutions, or other paper, 
having a preamble or title, the preamble or title is post¬ 
poned until the other parts are gone through with. Also 
the title of a bill in a legislative body is so postponed. 
The reason is, that such alterations maj^ be made in the 
body of the bill, as shall require an alteration of the title. 

§ IT. In considering a paper consisting of several para¬ 
graphs, as a bill, resolutions, draft of an address, &c., the 
whole paper is to be read, first by the clerk, and then by the 
presiding officer, by paragraphs, pausing at the end of 
each, and putting questions for amending, if amendments 
are proposed ; and when the whole paper has been gone 
through with, the question is taken on agreeing to or 
adopting the whole paper, as amended, or unamended. 

§ 18. In considering a paper which has been referred to 
a committee, and reported back to the assembly, the amend¬ 
ments only are read, in course, by the clerk. The presid¬ 
ing officer then reads the first, and puts it to the question, 
and so on, until all are adopted or .ejected, before any 
other amendment is admitted, except an amendment to ay 


CITIZEN’S MANUAL. 


[Chap. LXVIII. 


2G6 

amendment. When the amendments reported by the com- 
mitte have been disposed of, the presiding officer pauses 
for amendments to be proposed to the body of the paper. 
So also he pauses for this purpose if the paper was report* 
ed without amendments, putting no questions but on 
amendments proposed. Having gone through the whole, 
he puts the question on agreeing to or adopting the paper, 
as the resolution or order of the assembly. 


CHAPTER LXVIII. 

ORDER OR PRIORITY OF QUESTIONS ; PRIVILEGED QUES¬ 
TIONS ; SUBSIDIARY AND INCIDENTAL PRIVILEGED 
QUESTIONS. 

§ 1. It is a general rule, that the question first moved 
and seconded, shall be first put. But this rule gives way to 
what are called privileged questions; and these privileged 
questions again have priority among themselves. 

§ 2. A motion to adjourn takes place of all others. But 
this motion can not be received after another question is 
put, and the assembly is engaged in voting. Nor, after a 
motion to adjourn is negatived, can the motion be renewed, 
until some other proceeding has taken place. 

§ 3. Orders of the day take the place of all other ques¬ 
tions, except for adjournment, and the incidental question, 
the question of privilege. (^>15.) Orders of the day are 
subjects which have, by an order of the assembly, been as¬ 
signed for a particular day. Hence, when the day fixed for 
the consideration of these subjects arrives, they are privi¬ 
leged questions for that day. But a motion for the orders 
of the day, to give it precedence, must be for the orders 
generally, if there is more than one, and not for any particu¬ 
lar one ; and, if carried, they must be read and gone through 
with, in the order in which they stand, unless some particu¬ 
lar subject is taken up out of its regular order, by a special 
vote. 

§ 4. Another class of privileged questions, are those which 



Chap. LXVIII.J 


PARLIAMENTARY RULES. 


2G7 


are secondary to the principal question ; and as they are 
used to assist in disposing of a principal question or motion, 
they are sometimes called subsidiary questions. Subsidiary 
motions, are motions for the previous question, to lay on the 
table, to postpone, either indefinitely or to a day certain, to 
commit, and to amend. 

§ 5. The nature and use of these motions, and their ope¬ 
rations as applied to a main question, have been explained. 
We will here speak briefly of their different degrees, the 
privileges which they have among themselves, and of their 
effect upon each other. 

§ 6. It is a general rule, that subsidiary or secondary 
questions can not be used to dispose of or to suppress one 
another ; the common principle, “ first moved, first put,” ap¬ 
plies to them. If, for example, a motion has been made to 
postpone, commit, or amend a main question, it can not be 
moved to suppress that motion by the previous question. 
Or, if there is a motion for the previous question, or for the 
commitment or amendment of a main question, it can not 
be moved to postpone the motion for the previous ques¬ 
tion, or for the commitment or amendment of the main 
question. 

§ 7. There are several reasons for this rule. It would be 
a piling of questions on one another, which, to avoid embar¬ 
rassment, is not allowed. Besides, it is useless, as the same 
result may be had more simply, by voting against the motion 
itself, which is sought to be disposed of by another secondary 
motion. 

§ 8. To this rule, however, there are exceptions. A mo¬ 
tion to amend may be applied to a motion to postpone, to 
commit, or to amend, a principal motion. The reason why 
the secondary motion to amend has a privilege which is not 
given to other secondary and privileged motions, is its use¬ 
ful character. It is not used to dispose of or suppress, but 
to carry out and improve the motion to which it is applied. 
But it can not be applied to motions for the previous ques¬ 
tion, and to lie on the table, for the reason that these mo¬ 
tions, being already as simple as they can be, do not admit 
of any change or amendment There are a few other excep¬ 
tions. (§ 14, 15.) 

§ 9. A motion to lie on the table takes precedence of and 
supersedes the other subsidiary motions ; namely, for the 


208 


CITIZEN’S MANUAL. 


[Chap. LXVIII. 


previous question, to postpone, to commit, and to amend ; 
and if carried, removes the principal motion, and all the 
other subsidiary and incidental motions connected with it, 
from before the assembly, until it is again taken up. 

§ 10. The previous question is of the same degree with 
all other subsidiary questions, except that of lying on the 
table, and, consequently, if first moved, can not be super¬ 
seded by a motion to postpone, commit, or amend ; and if 
moved first and put, the,others can not be made at all ; 
for, if the previous question is decided in the affirmative, 
the main question must be immediately put ; and it would 
not be in order to postpone, commit, or amend ; if nega¬ 
tived, that is, if the main question is not to be now put, it 
is taken out of the possession of the assembly for the day ; 
so that there is nothing to postpone, commit, or amend ; 
(except in assemblies, where the negativing of the previous 
questions has a different effect.) 

§ 11. The motion to postpone is of the same degree as 
the motions for the previous question, to commit, and to 
amend ; and, if first made, can not be superseded by 
them. A motion to postpone indefinitely may be amended 
so as to make it to a day certain ; and a motion to post¬ 
pone to a certain day, may be amended so as to make the 
postponement indefinite, or to a different day certain. 

§ 12. A decision to postpone a proposition, leaves no 
ground for any other subsidiary motion ; but if it is de¬ 
cided not to postpone, a motion for the previous question, 
or to commit, or to amend may be applied. 

§ 13. A motion to amend stands in the same degree with 
the previous question, and indefinite postponement ; but 
it gives way to a motion to postpone to a day certain, and 
without a violation of the rule before mentioned, (§9,) 
that these subsidiary motions may not suppress one 
another. The reason is, that the postponement to a day 
certain is not a suppression of a question, but leaves it be¬ 
fore the assembly, to be resumed at the time to which it is 
adjourned. 

§ 14. A motion to amend gives way also to a motion to 
commit; for the reason that the latter, instead of suppress¬ 
ing, aids and facilities the former 

§ 15. There is another class of privileged questions, 
which, arising out of other questions, are called incidental 


Chap. LXVII1] 


PARLIAMENTARY RULES 


2G0 


questions, and must be put before the questions out of which 
they arise. They are questions of order, questions of pri¬ 
vilege, questions incident to the reading of papers, ques¬ 
tions for the suspension of a rule, on the withdrawal of a 
motion, and amendment of amendments. The two last 
have been considered. (Chap. LXVII, § 2.) 

$ 16. It is the duty of a presiding officer to enforce the 
rules and orders of the assembly ; and it is the right of 
every member taking notice of the breach of a rule, to in¬ 
sist upon its enforcement. If a question arises as to the 
fact of there being a violation of a rule, it is called a ques¬ 
tion of order; and the subject out of which it arises, must 
give way until the incidental question of order is dis¬ 
posed of. 

§ T7. A question of order is first decided by the chair¬ 
man, without debate or delay. If the decision is not satis¬ 
factory, any member may appeal from that decision, and 
have the question decided by the assembly. The question 
is then stated by the chairman : Shall the decision of the 
chair stand as the decision of the assembly ? It is then 
debated and decided as other questions ; and the chairman 
himself may take a part in the debate, at least so far as to 
state the reasons for his decision. 

§ 18. A question of privilege is one that concerns the rights 
and privileges of an assembly and of its individual mem¬ 
bers ; as when a quarrel arises between two members ; 
or when some other disturbance takes place to interrupt the 
business of the assembly. When a question of privilege 
arises, it supersedes, for the time, all others, except ques¬ 
tions of adjournment, and must be first disposed of. 

§ 19. When papers are laid before an assembly, every 
member has a right to have them once read. When the 
reading is called for, the presiding officer directs it to be 
done by the clerk. If the reading is objected to, it must 
be put to the question. But a member has not the right 
to read, or to have read, any paper or document, having 
no relation to a question under consideration, without 
the consent of the house. This would consume too much 
time. 

$ 20. Formerly, it was the practice in legislative bodies, 
on referring papers to committees, to have them first read ; 
but of late, any part of a paper is seldom read, except the 


270 


CITIZEN’S MANUAL. 


[Chap LXIX. 


title, unless the reading is insisted on by a member. If a 
question arises on its reading, this question has the privi¬ 
lege of being first decided. 

§ 21. If action upon a subject can not be had, by reason 
of some special rule prohibiting it, a motion may be made 
to dispense with, or suspend, the rule, in order to permit the 
action desired : and the motion to suspend must be first 
decided. The rules of legislative bodies usually require 
the consent of a greater number than a bare majority for 
the suspension of a rule. Where no rule exists, it is pre¬ 
sumed general consent is necessary. 


CHAPTER LXIX. 

COMMITTEES—THEIR APPOINTMENT AND REPORT J COMMIT¬ 
TEE OF THE WHOLE. 

§ 1. The nature and general duties of committees in all 
deliberative assemblies are similar to those of legislative 
committees, which have been briefly described. (Chap. 
XV.) The number of members constituting the several 
standing committees of legislative bodies generally, is per¬ 
manently fixed, either by usage, or by an express rule. 
The number of a select committee is determined at the 
time of its appointment. Such is usually the case in ordi¬ 
nary assemblies, in the appointment of all committees. 

$ 2. In fixing upon the number of a committee, different 
numbers are sometimes proposed by different members, 
which are separately put to the question, beginning with 
the highest. Sometimes the person moving the appoint¬ 
ment of a committee, includes the number in his motion ; 
and a different number may be moved as an amendment of 
the motion. 

§ 3. The mode of selecting the members, is either by ap¬ 
pointment by the presiding officer, by ballot, or by nomi¬ 
nation and vote of the meeting. In legislative assemblies, 
and others sitting for a considerable time, it is usually pro¬ 
vided by a standing rule, that, unless specially ordered 
otherwise, all committees shall be namrd by the chair 



Chap. LXIX.j 


PARLIAMENTARY RULES. 


271 


§ 4. In appointing- a committee to which a subject is to 
be referred, the committee ought to be so constituted that 
a majority of its members shall be favorable to the pro¬ 
posed measure ; the mover and seconder being usually of 
course appointed. The object of referring or committing 
a bill or other paper, is to make it acceptable to the as¬ 
sembly ; but a committee opposed to it would totally de¬ 
stroy it. And when a member who is against a measure, 
bears himself named as one of the -committee, he ought to 
ask to be excused. Persons, however, who take excep¬ 
tions to some particulars in the bill, or other paper, may, 
and perhaps ought, to constitute at least a part of the com¬ 
mittee. 

§ 5. The members of a committee have the right to ap¬ 
point their chairman ; but as a matter of courtesy, the per¬ 
son first named on a committee is usually permitted to act 
as chairman, who presides over it, and reports its proceed¬ 
ings to the assembly. 

§ 6. The order in which committees are to consider and 
amend papers referred to them, is substantially the same 
as that practiced by the assembly. (Chap. LXYII.) It is, 
however, less strictly observed ; nor, indeed, does the same 
strictness in committee seem to be necessary. 

§ 7. When a paper is referred to a committee, they may 
not erase, interline, or disfigure it ; but they must, in a 
separate paper, set down the amendments they have agreed 
to report, stating the words to be inserted or omitted, and 
where, by reference to the paragraph, line, and word. Or, 
if the amendments are numerous, they may be reported in 
the form of a new draft. 

§ 8. When a committee have agreed on a report, it is 
moved by some member, and voted, that the chairman, or 
some other member, make their report to the assembly. 

§ 9. In making a report, the chairman of the committee, 
standing in his place, informs the house, that the committee 
to whom was referred such a bill, or subject, have accord¬ 
ing to order, had the same under consideration, and have 
directed him to report the same without amendment, or with 
sundry amendnmnts, (as the case may be,) which he is 
ready to do when it shall please the house to receive it; and 
he or any other member may then move that the report be 
now received. 


■272 


CITIZEN’S MANUAL 


[Chap. LX IX 


§ 10. If, however, no objection is made, the report is re¬ 
ceived without the formality of a motion and vote. So also 
the reading of a report by the chairman, and again by the 
clerk, as required by the rule, is usually dispensed with, 
until it is taken up for consideration. The printing of re¬ 
ports in legislative bodies, generally renders the reading 
unnecessary. 

§ 11. When the report of a committee is received, the 
committee is dissolved, and can act no more without a new 
power. But it may be revived, and the same matter recom¬ 
mitted to them ; which, however, is not done, except in im¬ 
portant cases, and for special reasons. If a report is not 
received, the committee is not discharged, but may be order¬ 
ed to sit again. The first part of this section applies only 
to committees in ordinary public meetings, and to legisla¬ 
tive select committees. Standing committees in a legislature 
continue during the session, and are not subject to be dis¬ 
solved and revived. 

§ 12. The report of a committee, when taken up for con¬ 
sideration, may be amended, and otherwise acted on, as 
other propositions. And when it is to be disposed of by a 
final vote, the question is stated to be on its adoption ; and, 
if adopted, the whole report becomes the statement, resolu¬ 
tion, or act of the assembly. It is the practice, at least to 
some extent, in ordinary public meetings and conventions, 
on receiving a committee’s report, and before it is taken up 
for consideration, to take the question on its acceptance, as 
a formal discharge of the committee. 

§ 13. All legislative bodies sometimes act as a committee 
of the whole ; and while sitting as such they are not called 
by their usual name, as the senate, or the' house, but are 
addressed or spoken of as the committee. And the presiding 
officer is not called speaker or president, but chairman. 
(Chapter XV, § 9.) Ordinary meetings or conventions do 
not at any time assume the name of committee of the whole ; 
nor do they, in form, resolve themselves into such commit¬ 
tee ; yet, in many of their proceedings, they are allowed the 
same freedom as is usually enjoyed by a legislative com¬ 
mittee of the whole. 

§ 14. The form of going from the house into committee 
of the whole, is for the presiding officer, on motion made 
ami seconded, to put the question, that the house, or the 


Chap. LXlX.f 


PARLIAMENTARY RULES. 


273 


senate, do now resolve itself into a committee of the whole, 
to take under consideration such a matter, naming it. If 
the question is determined in the affirmative, he leaves the 
chair, naming some member to act as chairman, and takes 
a seat elsewhere ; and the person appointed chairman, takes 
his seat at the clerk’s table. In some legislative bodies, he 
takes the cha’‘r of the presiding officer. 

§ 15. Matters of great concern are usually referred to a 
committee of the whole house. In committee of the whole, 
the executive message is discussed, and the several sub¬ 
jects embraced in it are arranged and prepared to be re¬ 
ferred to the appropriate standing committees, and to se¬ 
lect committees, if any need to be appointed. Important 
bills reported to the house, are also referred to such com¬ 
mittee to be considered and amended before they are finally 
disposed of by the house. One object of instituting a com¬ 
mittee of the whole, is to afford greater freedom of discus¬ 
sion. The sense of the whole can be better taken in com¬ 
mittee, where every one speaks as often as he pleases, pro¬ 
vided he can obtain the floor. 

§ 16. A committee of the whole can not adjourn as others 
may ; therefore, if their business is unfinished at a sitting, 
some member moves that the committee rise, report pro¬ 
gress, and ask leave to sit again. If the motion prevails, 
the chairman rises, and the presiding officer resumes the 
chair ; and the chairman of the committee then informs 
him, that the committee of the whole have, according to or¬ 
der, had under their consideration such a matter, and have 
made some progress therein ; but not having time to go 
through with the same, have directed their chairman to 
ask leave to sit again. Whereupon the question is put on 
their having leave, and sometimes also on the time when 
the house will again resolve itself into a committee. 

§ 17. No previous question can be put in a committee of 
the whole ; if, therefore, it is desired to stop or prevent de¬ 
bate, a motion may be made that the committee rise. 

§ 18. If a committee of the whole have gone through 
with the matter referred to them, a member moves that the 
committee rise, and that the chairman report tl eir proceed¬ 
ings to the house ; which being resolved, the chairman 
rises, the presiding officer resumes the chair, the chairman 
informs him that the committee have gone through with 


274 


CITIZEN’S MANUAL. 


[Chap. LXX 


the business referred to them, and state what has been 
done by the committee. The question is then taken on 
agreeing to the report of the committee, unless postponed 
or laid on the table by a vote of the house. 


CHA PTER LXX. 

ORD ER IN DEBATE. 

§ 1. When the presiding officer is in the chair, every 
member is to be seated. The person occupying the chair, 
may not speak on the question in debate ; but he may 
speak to matters of order, and be first heard ; and he may, 
by leave of the assembly, state matters of fact for their in¬ 
formation. He may also address the assembly when his 
decision on a question of order is appealed from. And 
when he rises to speak, any member standing ought to sit 
down ; but a presiding officer may not interrupt a member 
who has the floor. 

§ 2. When a person means to speak, he must stand in his 
place, and address the chairman. The manner of obtain¬ 
ing the floor, has been described. (Chap. LXV, § 4, 5.) 
A person speaking, should not mention a member present 
by his name, but describe him as him who last spoke, or 
on the other side of the question, or in some other way ; or, 
as is common in legislative bodies, to designate another, 

as the gentleman from-, naming the town, county, or 

district which he represents. 

§ 3. If a member, before he has concluded his speech, 
gives up the floor for any purpose, he loses his right to it, 
even though it is yielded on condition that he shall have it 
again, or though i i. was given up to another only for an 
explanation. As a matter of favor, however, the person 
yielding the floor, is usually permitted to resume it. 

§ 4. A person is not to use indecent language against 
the proceedings, or reflect upon any prior act or determina¬ 
tion of the assembly, unless he means to conclude with a 
motion to rescind such determination. But reflections upon 
a proposition while under consideration, though it has even 





PARLIAMENTARY RULES 


Chap. LXX.] 


275 


been reported by a committee, are no reflections on the as¬ 
sembly. 

§ 5. No member may digress from his subject, and fall 
upon another member, and speak reviling or unmanly words 
of or to him. He may reprobate the nature or consequences 
of a measure in strong terms ; but to arraign the motives 
of those who propose or advocate it, is a personality, and 
against order. 

§ 6. A person speaking must confine himself to the ques¬ 
tion, and not speak impertinently, or beside the subject. So 
closely is this rule to be observed, that if at any time a sec¬ 
ondary or an incidental question arises, as on an amend¬ 
ment, or a postponement, the person speaking must confine 
his remarks to the particular question then before the as¬ 
sembly, and not speak to the main question. 

§ 7. When a member speaks irrelevantly, or beside the 
question, he may be interrupted by the chairman, or called 
to order by a member ; and the question may be made, 
whether he shall be allowed to proceed in the manner in 
which he was speaking when interrupted. If no question 
is made, or if one is made and decided in the negative, he 
is still to be allowed to proceed in order ; that is, keeping 
to the particular subject before the assembly. 

§ 8. No member may, without the general consent of the 
assembly, speak more than once to the same question, until 
all who desire to speak have spoken. He may then speak 
a second time by leave of the assembly. This is the gen¬ 
eral rule, and is to be observed where no special rule pro¬ 
vides otherwise. But those who have spoken on the main 
question, may speak again on secondary or incidental ques¬ 
tions arising in the course of debate. And if a subject upon 
which a member has spoken is referred to a committee, he 
may speak again on the question presented by the report 
of the committee. In meetings other than legislative as¬ 
semblies, greater freedom is allowed. 

§ 9. A member may also be permitted to speak a second 
time to clear a matter of fact; or merely to explain him 
self in some material part of his speech, or to the orders of 
the assembly ; keeping himself to that matter only. But 
he can not interrupt another who is speaking, in order to 
make the explanation. 

§ 10. No member is to disturb another in his speech, by 
hissing, coughing, speaking, or whispering ; nor by passing 


m 


CITIZEN’S MANUAL. 


[Chap. LXX. 


between the member speaking and the chair, or by walk¬ 
ing across the room ; nor by any other disorderly behavior. 
But if a member finds that the assembly are not inclined to 
hear him, and that by conversation or any other noise they 
endeavor to drown his voice, it is the most prudent way to 
submit to the pleasure of the house, and to sit down ; for it 
seldom happens, that members are guilty of this piece of 
ill manners without some reason ; or that they are so inat¬ 
tentive to one who says anything worth their hearing. 

§ 11. If repeated calls do not produce order, the chair¬ 
man may call by his name any member obstinately persist¬ 
ing in irregularity ; whereupon the assembly may require 
him to withdraw. He is then to be heard in exculpation, 
and to withdraw. Then the chairman states the offense 
committed, and the assembly considers the kind and degree 
of punishment to be inflicted. 

§ 12. If a member uses disorderly, offensive, or insulting 
words, he is interrupted by another member or by several 
members rising and calling him to order. The member com¬ 
plaining of the words and desiring them to be taken down 
by the clerk, must repeat them ; and the chairman may then 
direct the clerk to take them down in his minutes. But if 
he thinks them not disorderly, he delays the direction. If 
the call becomes pretty general, he orders the clerk to take 
them down as stated by the objecting member. They are 
then part of his minutes, and, when read to the offending 
member, he may deny that they were his words, and the 
assembly must then decide by a question whether they were 
his words or not: and the words, as written down, may be 
amended so as to conform to what the assembly thinks them 
to be. 

§ IB. Then the member may either justify the words, or 
explain the sense in which he used them, or apologize. If 
the assembly is satisfied, no farther proceeding is necessary 
But if two members still insist on taking the sense of the 
assembly, the member must withdraw before that question 
is stated, and then the sense of the assembly is to be taken 
If the offending member is allowed to conclude his speech 
and any other member speaks, or other business intervenes, 
after offensive words are spoken, they can not be taken no 
tice of for censure. This is for the common securit y of ail, 
and to prevent mistakes, which are likely to happen, if 
words are not taken down immediately. 


Chap LXXI.] 


PARLIAMENTARY RULES. 


277 


CHAPTER LXXI. 

TAKING THE QUESTION ; MANNER OP VOTING ; RECON¬ 
SIDERATION. 

§ 1. When the debate upon a question is ended, and the 
final vote is to be taken, the presiding officer states the 
question, and puts it, always first in the affirmative, in 
words differing slightly in form in different bodies ; but 
substantially as follows ; Gentlemen, all of you who are in 
favor of —repeating, as nearly as may be, the words of the 
question— say aye ; and after the answer of ayes, All those 
who are opposed, say no. 

§ 2. The presiding officer then, judging by the sound 
which voice is the greater, declares to the assembly that 
the ayes have it, or the noes have it, as the case may be ; or, as 
in some assemblies, it is carried, or, it is lost. If he is doubt 
ful as to the majority, he may put the question a second 
time before declaring the result. If he is still unable to 
decide, or, having decided, if any member is not satisfied 
with the decision, the presiding officer directs the assembly 
to divide, that the members on each side may be counted. 

§ 3. In some places, the members vote by holding up their 
right hands. Such is said to be still the practice in legis¬ 
lative bodies in the New England states. 

§ 4. The most convenient mode of dividing a house, is to 
direct the members to rise, first those in the affirmative, and 
then those in the negative, and be counted. Every member 
present when the question is stated, is, according to the 
general rule, required to vote ; and, on the other hand, none 
can vote who was not then in the room. 

§ 5. Another form of taking the question, is by taking 
the yeas and nays. This mode is practiced in legislative 
bodies in this country. The form of stating a question to 
be thus taken, is, All who are in favor of, &c., will, when their 
names are called, answer in the affirmative; and, All those who are 
opposed, will, when their names are called, answer in the negative. 
The roll is then called in alphabetical order, by the clerk, 
who notes the answer of each member, yes or no. The 
yeas and nays are then counted, and the result is declared. 


278 


CITIZEN'S MANUAL. 


[Chap. LXXt. 


§ 6. Except on the final passage of a bill, questions gen¬ 
erally are not taken in this manner, unless called for by 
members, who, for certain reasons, desire to have the yeas 
and nays entered on the journal. The constitution of the 
state declares what number of members shall request the 
yeas and nays, in order to require them to be taken. The 
constitutions of some states, require the yeas and nays on 
the final passage of all bills and resolutions. 

§ 7. According to the strict rule of parliament, a question 
once put and decided, can not be brought up again at the 
same session, but must stand as the judgment of the house. 
This rule prevails in this country also, but with a modifica¬ 
tion which has often been found useful in relieving an as¬ 
sembly from great inconvenience and difficulty otherwise 
unavoidable. 

§ 8. When a question has been decided in the affirmative 
or negative, it is in order to move that the vote be reconsid¬ 
ered. If such motion prevails, the matter is restored to the 
state in which it stood before the vote reconsidered was 
taken. In many legislative bodies, there is a special rule, 
providing that a motion to reconsider may be made only on 
the same or the next day, and by a member who voted with 
the majority. But this rule, like other special rules, is bind¬ 
ing > mly where it has been expressly adopted. 


SUPPLEMENTARY NOTES. 


279 


SUPPLEMENTARY NOTES. 


*** The following Notes are supplementary to the Chapters and 
Sections of the same numbers in the body ol the work. 


CHAPTER XX VI. 

§ 6. Persons only who are householders are entitled to 
the benefits of the homestead exemption. The laws of dif¬ 
ferent states, though not uniform in every particular, gen¬ 
erally secure to the head of a fam ily, and after his de¬ 
cease, to his wife and children, a lot of land and buildings 
thereon, not exceeding a certain amount in value, to be oc¬ 
cupied as a residence or homestead. The following named 
states hare enacted laws of this kind, exempting from ex¬ 
ecution such property to the amount of the sums annexed 
to the names of the states respectively : 

Maine, $500 ; New Hampshire, $500 ; Vermont, $500 ; 
Massachusetts, $800 ; New York, $1,000 ; New Jersey, 
$1000; South Carolina, $500 ; Florida, a farm of 40 acres, 
of which ten are cultivated ; land and improvements not 
to exceed in value $200 ; Alabama, homestead with 40 
acres of land, not exceeding in value $500 ; Mississippi, 
160 acres and buildings, not in any city, town, or village ; 
or, in a city, town, or village, land worth $1500 exclusive 
of buildings and improvements ; Texas, 200 acres not in a 
town or city, or any town or city lots to the value of 
$2,000 ; Arkansas, 160 acres, or one town or city lot ; 
Tennessee, homestead, $500 ; Ohio, $500 ; Michigan, 40 
acres, not within a town-plat, city, or village, or a lot in 
a town, city, or village, $1,500 ; Indiana, real or personal 
property, or both, $300 ; Illinois, lot and buildings, $1,000 ; 
Iowa, farm of 40 acres, the buildings not to be in a city, 
town, or village ; or one-fourth of an acre in a town, city, 
or village ; Wisconsin, same as Iowa ; Minnesota, $1,000 ; 
California, $5,000. 

In Georgia, it was enacted, that, on contracts made after 
May, 1, 1842, 20 acres, and for each child under fifteen 



280 


CITIZEN’S MANUAL. 


years, five acres additional, were exempted ; provided no 
part of it was the site of a city, town, village, mill or fac¬ 
tory ; the 20 acres to include the dwelling-house and im¬ 
provements of the original tract; the value of the house 
and improvements not to exceed in value $200—the same 
being extended to cities, towns, and villages. By a later 
act, 50 acres were exempted on contracts made after Janu- 
ary 1, 1844 ; the land being liable, however, for the pur¬ 
chase money, which is probably the case in all the states. 

The amount exempted in Oregon is $300 in real estate ; 
in Kansas a homestead of 160 acres not included in town 
limits, or a town lot of one acre, the whole not exceeding 
$1,000 in value ; in Nebraska, $2,000 in personal property, 
a homestead of 160 acres, or two town lots, amounting to 
$2,000 ; in Nevada, $5,000 in real estate. 


CHAPTER XXXVI. 

§ 6. The establishment of a permanent seat of govern¬ 
ment, after the treaty of peace with Great Britain, received 
the early attention of congress. In October, 1783, it was 
resolved, that buildings for the use of congress should be 
erected on the banks of the Delaware. A few days later 
it was resolved, that buildings for a similar purpose should 
be erected on the Potomac, with the view of reconciling 
the conflicting wishes of the northern and southern states, 
by establishing two seats of government. In December, 
1784, it was further resolved, that a district should be pur¬ 
chased on the banks of the Delaware for a federal town ; 
and that contracts should be made for erecting a house 
for the use of congress and the executive officers, and suit¬ 
able buildings for the residence of the president and the 
secretaries of the several departments. But the appropri¬ 
ation of the necessary funds for these purposes, requiring 
the assent of nine states, was prevented by the southern 
interest. In 1790, a compromise was made, by which the 
friends of Philadelphia, in consideration of having the seat 
of government at that city during ten years, the time esti¬ 
mated to be necessary to erect the public buildings, agreed 
that the seat of government should be permanently fixed 
on the Potomac. 


SUPPLEMENTARY NOTES. 


281 


CHAPTER XLI. 

§ 6. By more recent acts of congress, the bounty of the 
government has been largely extended. In 1S50, a “ mili¬ 
tary bounty land bill” was passed, granting lands to the 
surviving soldiers, and to the widows or minor children of 
deceased soldiers, who served in the war of 1812, or in 
any of the Indian wars since 1790, and to the commissioned 
officers who served in the late war with Mexico, as follows : 
To those who engaged for twelve months, or during the 
war, and actually served nine months, 160 acres ; to those 
who engaged for six months and served four months, 80 
acres; and to those who served one month, 40 acres. Those 
honorably discharged in consequence of disability in the 
service before the expiration of their period of service, 
were to receive the same as if they had served out their 
terms. In 1852, the benefits of the act of 1850 were ex¬ 
tended to state troops whose service had been paid for by 
the United States subsequent to the 18th of June, 1812 ; 
and by the act of 1855, persons having served in the navy 
were included ; moreover, all who had served for any 
period, in the militia or the navy, were to be allowed 160 
acres ; and those who had received, under, former acts, a 
less quantity, were to receive in addition enough to make, 
in the whole, 160 acres. Wagon-masters and teamsters 
employed by competent authority, were entitled to the 
same compensation. More recent acts provide for the 
payment of bounties to soldiers of the Union during the 
late war. These also make general provision for the 
widows, orphans, mothers, and minor sisters of such as 
fell in the line of duty. The various bounty acts were 
summed up in the equalization bounty bill of 1876, which 
provided for the additional payment of $100 to those who 
had received or were entitled to receive the sum of $100 
from the United States ; i. e., those who had been dis¬ 
charged for disability or served the period of the war and 
received an honorable discharge. Those who had been 
honorably discharged after serving two years were enti¬ 
tled to receive $50 additional bounty. 

§ 10. The salary of postmasters consists of a fixed an¬ 
nual salary, divided into five classes, exclusive of the 
postmaster of New York, who receives $6,000 a year. 
These classes are paid not less than three or more than 


CITIZEN’S MANUAL. 


282 

four thousand; not less than two or more than three ; 
not less than one or more than two ; not less than two 
hundred or more than one thousand. The salaries are 
readjusted every two years according to office receipts. 
The number of post-offices was 36,383 for the year ending 
1876 ; the aggregate length of mail routes, 281,798 miles ; 
the amount of transportation, 136,269,708 miles at a cost 
of $15,201,140. The gross revenues from all sources was 
$28,453,426 against $29,181,697 expenditures. 

§ 12. The present rate of domestic letters is three cents 
per half ounce or fraction thereof, (an additional rate being 
charged for each extra half ounce or fraction thereof.) 

On letters, sealed packages, mail-matter wholly or partly 
in writing, except book manuscript and corrected proofs 
passing between authors and publishers, and except local 
or drop letters, or United States postal cards; all printed 
matter so marked as to convey any other or further in¬ 
formation than is conveyed by the original print, except 
the correction of mere typographical errors; all matter 
otherwise chargeable with letter postage, but which is so 
wrapped or secured that it cannot be conveniently exam¬ 
ined by postmasters without destroying the wrapper or 
envelope ; all packages containing matter not in itself 
chargeable with letter postage, but in which is inclosed or 
concealed any letter, memorandum, or other thing charge¬ 
able with letter postage, or upon which is any writing or 
memorandum; all matter to which no specific rate of 
postage is assigned ; and manuscript for publication in 
newspapers, magazines, or periodicals, three cents for 
each half ounce or fraction thereof. 

On local or drop letters, at offices where free delivery 
by carriers is established, two cents for each half ounce or 
fraction thereof. On local or drop letters, at offices where 
free delivery by carriers is not established, one cent for 
each half ounce or fraction thereof. 

Mailable matter of the second class embraces all news¬ 
papers, magazines, and periodicals exclusively in print, 
and issued regularly at stated periods from a known office 
of publication without any written addition, and addressed 
to regular subscribers. On newspapers and periodicals 
addressed and mailed as above and issued weekly or 
oftener, the rate is two cents a pound or fraction thereof. 
On those issued less frequently than weekly the rate is 


SUPPLEMENTARY NOTES. 


283 


three cents a pound or fraction thereof. On newspapers, 
excepting weeklies, whether regular or transient, without 
regard to weight or frequency of issue, one cent each. 
On periodicals not exceeding two ounces in weight, one 
cent each; for those more than two ounces, two cents 
each. Circulars unsealed, one cent each. Weekly news¬ 
papers with above exception, two cents a pound as weighed 
in bulk ; to transient parties one cent for each two ounces 
or fraction thereof. Bona-fide subscribers to country 
newspapers receive the same free. 

The act of July 12th, 1876, provides for mailable mat¬ 
ter of the third class as follows: Pamphlets, occasional 
publications, transient newspapers, magazines, books, pe¬ 
riodicals, hand-bills, posters, sheet music (printed), pros¬ 
pectuses, maps, proof-sheets, corrected proof-sheets, and 
regular publications designed primarily for advertising 
purposes or free circulation, or for circulation at nominal 
rates, are subject to postage at the rate of one cent for 
each two ounces or fraction thereof, and printed cards and 
blanks, lithographs, prints, chromo-lithographs, engrav¬ 
ings, photographs and stereoscopic views, book manu¬ 
scripts, unsealed circulars, seeds, cuttings, roots and scions, 
bulbs, flexible patterns, samples of ores, metals, minerals 
and merchandise, sample cards, photographic paper, let¬ 
ter envelopes, postal envelopes, and wrappers, unprinted 
cards, plain and ornamental paper, card-board, and other 
flexible material, and all other mailable matter of the 
third class not herein enumerated, one cent for each ounce 
or fraction thereof. 


CHAPTER XLVJ 

§ 1. In Ohio, Indiana, and Michigan, the age of consent 
has been raised to eighteen years in males, and fourteen in 
females ; in Illinois to seventeen and fourteen ; in Wiscon¬ 
sin to eighteen and fifteen. All the states do not specify 
the degree of relationship at which marriages are forbid¬ 
den ; and those that do, are not uniform. Some states 
have forbidden marriages which come within what are 
called the Levirical degrees ; bat these degrees have re¬ 
ceived different interpretations. In England particularly, 


284 


CITIZEN’S MANUAL. 


the prohibition to marry within the Levitical degrees is 
said to rest on the ecclesiastical or canon law. These de- 
grees, as interpreted by this law, not only forbid all mar¬ 
riages between relations in the ascending and descending 
lines, but between those in the collateral line to more dis¬ 
tant degrees than is done in most of our states. The rela¬ 
tion of uncle and niece, and of aunt and nephew, come 
within this rule. 

Nor does the common and canon law make any distinc¬ 
tion between connections by consanguinity and connections 
by affinity ; that is, relations by blood and relations by 
marriage. This would hold it as unlawful for a man to 
marry a deceased wife's sister as his own sister, or to mar¬ 
ry a deceased brother's wife. It is contended, however, by 
many, that the Levitical law does not include such cases ; 
by others, that it is not binding as a municipal regulation. 
By the statutes of New York, only marriages between rela¬ 
tions in the ascending and descending lines, and between 
brothers and sisters of the half as well as whole blood,' are 
declared to be incestuous and void. In Ohio, marriages 
between persons nearer of kin than first cousins are un¬ 
lawful. 

§ 2. In Massachusetts, seven years of willful absence of 
either party exempts the other from liability to the penalty 
of the law for a second marriage. If one party has been 
absent a year or more, and is believed to be dead, the other 
does not incur the penalty by a second marriage. In Ohio, 
in case of three years' willful and continual absence of one 
of the parties, the penalty would not attach to a second 
marriage of the other. In New York, five years' absence 
of one party not known by the other to be living during 
that time, or being sentenced to imprisonment for life, 
would excuse from the penalty. But such second mar¬ 
riages, though excusable, would not be lawful. The first 
marriage contract would still be binding. 

§ 3. To prevent the evils of clandestine and other impro¬ 
per marriages, the laws of Maine, New Hampshire, and 
Connecticut, require the publication of bans before mar¬ 
riage ; which is a notice of a marriage contract proclaimed 
in a church or other public place ; the object of which is, 
that any person may object, if he knows any good reason 
why the marriage should not take place. In Ohio, either 


SUPPLEMENTARY NOTES. 


285 

such notice must be published on two successive days of 
public worship, or license must be obtained from the clerk 
of the county court, who must previously ascertain whether 
there is any legal impediment to the marriage. In Vir¬ 
ginia, Indiana, and Wisconsin, a similar license is required. 
Like regulations exist in several other states ; and in case 
of non-compliance with them, marriages have, in some 
states, been adjudged to be void. In Massachusetts it is 
only necessary to have a notice of the intended marriage 
registered by the clerk of the town. 

§ 6. In the following named states, the property, real 
and personal, of a wife owned by her before marriage, and 
lawfully conveyed to her by any other person than her 
husband after marriage, is declared to be her own, and not 
liable for the debts of her husband : Alabama, Arkansas, 
California, Colorado, Connecticut, Delaware, Florida, 
Georgia, Illinois, Indiana, Iowa, Kansas, Louisiana, Maine, 
Maryland, Massachusetts, Michigan, Minnesota, Montana, 
Nebraska, New Hampshire, New Jersey, New York, North 
Carolina, Ohio, Oregon, Rhode Island, South Carolina, 
Texas, W^est Virginia, and Wisconsin. In Kentucky con¬ 
tracts of married women are void, except in certain statu¬ 
tory exceptions. In Mississippi a woman cannot be sued 
on her contracts, and she cannot encumber her property 
for her husband’s debts. In Pennsylvania a woman can 
make no binding contracts, except under certain limited 
conditions. In Tennessee the wife can only contract as her 
husband’s agent. The whole general tone of the law in 
Vermont is that they have no legal existence. In Virginia 
the general common law doctrines hold, so that she has 
only power to transact business as her husband’s agent. 
In Rhode Island no suit can be brought against a woman 
for debts incurred in business, whether carried on for her 
own benefit or not. In North Carolina women cannot 
make a valid contract/and she is entitled to a year’s sup¬ 
port out of her husband’s property after his death. In 
Montana a woman’s separate property is liable for ex¬ 
penses of her family and children, but not otherwise. 

§ T. Some of those states which have abolished the com¬ 
mon law right of the husband to the property of the wife 
acquired before marriage, have also abolished the common 
law obligation of the husband to pay the debts of his wife 


286 


CITIZEN’S MANUAL. 


contracted before marriage. The wife’s property alone is 
liable for such debts. The states in which such laws have 
been enacted, are, Massachusetts, Florida, Louisiana, Ken¬ 
tucky, California, and perhaps some others. In Indiana, 
the wife’s property is first liable. 

§ 8. In Pennsylvania and Alabama, the wife and husband 
become jointly liable for necessaries for the use and sup¬ 
port of the family. In the former state, execution issues 
first against the property of the husband, and if none is 
found, then against the property of the wife. In Kentucky 
the wife is liable for debts by her and her husband jointly 
created in writing, for necessaries furnished any member 
of the family. 


CHAPTER XLVII. 

§ 6. The laws of Rhode Island, New Jersey, North Caro¬ 
lina, South Carolina, Tennessee, Louisiana, and Alabama, 
are exceptions to the rule which gives equal shares to de¬ 
scendants if they are all of equal degree of consanguinity to 
the ancestor. In these states, though the children of the 
intestate are all dead, the grandchildren do not take equal 
shares ; but those of each stock, or family, take the portion 
which their parent would have taken, if living. 

§ T. The real estate of intestates dying without lawful dt- 
scendants, descends in the different states, according to the 
following rules : 

In Maine, to the father ; but if the estate came to the 
intestate on the part of the mother, then to her and her kin¬ 
dred ; otherwise the mother shares equally with the bro¬ 
thers and sisters. If there is no widow, father, or brother 
or sister, the mother takes the whole. In New Hampshire 
the law is nearly the same as in Maine. 

In Vermont the estate goes to the father ; but as the 
dower of the widow in this estate, if there are no children, 
is increased to one-half of the estate, the father takes but 
the other half. [It will be remembered, that a widow is, 
at common law, endowed of one-third part of all the rea* 
estate of her husband, of which she can not be deprived, 
even by his last will and testament. Hence, in speaking 
of the descent of an estate, only two-thirds are meant, ex 
cept when a different portion is expressly mentioned.] Tu 


SUPPLEMENTARY NOTES. 


287 


this state the mother takes equally with the brothers of the 
intestate. If there is no widow, father, or brothers and 
sisters, the mother has the whole estate. 

In Massachusetts, the father, if there is one, always takes 
the estate ; if none, it goes to the brothers and sisters, the 
mother sharing as one of them. If there is no brother or 
sister living, the estate goes to the mother in exclusion of 
the issue of deceased brothers or sisters. 

In Rhode Island, the same as in Maine, when the estate 
came by the mother ; otherwise to the father, if there is one ; 
if not, to the brothers and sisters of the intestate ; if none, 
nor father, then to the mother. 

In Connecticut, the estate goes to the brothers and sisters 
of the whole blood ; but if none, to the father and mother 
equally ; or if but one of the parents is living, then the whole 
to that parent. Parents are preferred to half blood brothers 
and sisters. If the estate came by gift, devise, or descent, 
it passes to the kindred of the blood of the ancestor from 
whom it came. 

In New York, to the father ; but if the estate came by the 
mother, and there are brothers and sisters or their descen¬ 
dants, she takes an estate for life only ; and if there are no 
brothers or sisters, or their issue, nor a father, the mother 
takes the inheritance in fee. [For definition of fee , see 
Chapter L, § 1.] 

In New Jersey, brothers and sisters take in preference to 
parents ; but if there are no brothers and sisters nor their 
issue, the father takes the estate in fee-simple ; and if no 
father, the mother takes the estate for life ; and after her 
death, it goes to the brothers and sisters of the half blood. If 
it came by devise, descent, or gift, it passes in all cases to 
the kindred of the blood of the ancestor from whom it came. 

In Pennsylvania, the father and mother take jointly for 
life, and for the life of the survivor, if there is a brother cr 
sister, or their issue of the whole blood ; if none, the estate 
descends in fee to the father and mother, or to the survivor, 
if both are not living. 

In Delaware, brothers and sisters take before parents ; 
but in default of brothers and sisters, the estate goes to the 
next of kindred of the intestate who are in equal degree, 
meaning, probably, the parents, if living. 

In Maryland, the father inherits ; if there is no father, the 


288 


CITIZEN’S MANUAL. 


brothers and sisters of the blood of the father and their de¬ 
scendants take the estate ; but if none, then the grandfather 
and his descendants ; and if that line fails, the estate goes in 
like manner to the mother and her descendants and maternal 
ancestors. If the estate came by descent from the mother, 
it goes to the mother or her kindred. 

In Virginia, the father succeeds ; if no father, the mother 
shares equally with the brothers and sisters and their de¬ 
scendants. If the estate came to the intestate by his mother, 
it goes to the mother, or her kindred. 

In North Carolina, to the brothers and sisters ; if none, 
the parents, or the survivor of them, take for life. If the 
estate came by gift, devise, or descent, it always goes to 
the kindred of the blood of the ancestor from whom it came. 

In South Carolina, if there is no widow, the father, or if 
dead, the mother takes the estate with the brothers and sis¬ 
ters in equal shares. 

In Georgia, the widow takes the whole estate ; if no 
widow, the father takes the whole ; if no father, the mother 
takes equally with the brothers and sisters. 

In Alabama, the brothers and sisters ; if there are none, 
the father ; and if none, the mother takes the estate. 

In Mississippi, the brothers and sisters are preferred to 
the parents ; but if there are no brothers and sisters or 
their issue, the father, or if none, the mother, takes the 
estate in fee. 

In Louisiana, one-half goes equally to the father and 
mother, and the other half to the brothers and sisters or 
their issue. If only one parent survives, that parent takes 
only one-fourth ; if neither, the brothers and sisters take 
the whole. 

In Kentucky, the father takes the estate ; if no father, 
the mother shares equally with the brothers and sisters and 
their descendants. If the estate came by the mother, it goes 
to her or her kindred. 

In Tennessee, the whole goes to the brothers and sisters ; 
if none, to the father in fee, if living ; and if not, then to 
the mother for life, and then to the heirs on the part of the 
father ; but if there are none, then to the heirs on the part 
of the mother. If the estate was not acquired by the intes¬ 
tate, and there are no brothers and sisters, it goes in fee to 
the parent from whom it was derived. If the land was ao 


SUPPLEMENTARY NOTES. 


289 


quired by descent from the father, and there is no brother 
or sister, it goes to the uncles and aunts on the father's side. 

In Ohio, the estate passes to the brothers and sisters of 
the whole blood and their representatives ; and if there are 
none of the whole blood, to those of the half-blood • if none, 
then to the father ; if he is dead, to the mother. If the es¬ 
tate was not acquired by the intestate, it goes to the bro¬ 
thers and sisters of the blood of the ancestor from whom it 
came, whether of the whole or half blood ; but if there are 
none, and if it came by gift from an ancestor who is living, 
it goes back to him ; but if he is dead, it passes to his 
children if he has any ; if not, then to his brothers and sis¬ 
ters or their representatives ; but if such ancestor has none, 
then to the brothers and sisters of the intestate of the half 
blood and their representatives, though not of the blood of 
the ancestor. If all these fail, then to the next of kin to the 
intestate of the blood of the ancestor. 

In Indiana, the father, or if dead, the mother, takes half 
of the estate, and the other half goes to the brothers and 
sisters of the intestate ; if no parents, the whole to the 
brothers and sisters ; but if none of these are* living, the 
father, or if dead, the mother takes the whole. If there are 
brothers and sisters and no father, the estate is divided 
among the mother and brothers and sisters, the mother tak¬ 
ing two shares. 

In Illinois, half of the estate goes to the widow, and the 
residue, or if there is no widow, the whole, goes in equal 
parts to the parents, brothers and sisters, and their descend¬ 
ants ; and if only one of the parents is living, that parent 
takes, as survivor, a double portion. If there is neither 
widow, nor parents, nor brothers or sisters, or their de¬ 
scendants, it goes to the next of kin of the intestate. 

In Missouri, the parents take equally witlv the brothers 
and sisters of the intestate. 

In New Hampshire, Vermont, and North Carolina, uncles 
and aunts take equally with nephews and nieces, as being 
equal of kin. But as the statutes of the other states which 
have been mentioned in the foregoing notes to this chapter, 
place the brothers and sisters and their descendants , or children 
before any distinct branch of the grandparents’ stock, it is 
presumed that in all these states nephews and nieces take 
in exclusion of uncles and aunts 


290 


CITIZEN’S MANUAL 


In Wisconsin, the estate goes to the widow during her 
natural life, and then to the father ; or, if there is no widow, 
the estate goes to the father. If there is no widow nor 
father, the brothers and sisters take the estate, the mother, 
if any, taking an equal share with them. If there is neither 
widow, nor father nor brothers or sisters, the mother takes 
the estate, to the exclusion, if any, of deceased brothers and 
sisters’ children. In default of widow, father, mother, 
brothers and sisters, the estate descends to his next of kin 
in equal degree. If there is a widow and no kindred, the 
widow takes the estate. 

In Iowa, one-half of the estate, (including the dower of 
the widow,) goes to the father of the intestate, and the other 
half to the widow ; and if there is no widow, the whole 
goes to the father. If there is neither father nor widow, 
the estate goes to his kindred, in the same manner as if he 
had died in possession of the estate. If there are no heirs 
in the male line, nor widow, the whole goes to the mother 
and her kindred. If there are no father nor mother nor 
their kindred, and there is a widow, the estate goes to the 
widow ; and if there is no widow, then to her heirs, if she 
has any ; if none, the property escheats to the state. 

A more full description of the order of descent can not 
well be here given. A few of the new states are not includ 
ed in the list enumerated ; and it is not improbable that 
some changes have recently been made in the law of descent 
in some of those which have been mentioned. The manner 
of descent of personal estate differs in many, if not most of 
the states, from that of real estate ; and for information on 
the subject, reference must be had to the statutes of the 
states. In relation to the participation of widows in the 
personal property of their deceased husbands in some of the 
states, something may be found in the notes to Chapter 
XLvm, § 9, relating to dower. 

§ 8, 10. Wills must be subscribed either by the testator, 
or by some other person in his presence, and by his express 
direction. Three witnesses to a will are required in the 
six New England states, and in Maryland, South Carolina, 
Georgia, Florida, and Mississippi. In Mississippi, a will 
wholly written by the testator, and signed by him, need 
not be attested by any witness. In Missouri, wills must be 
recorded within thirty days after probate. In Louisiana, 


SUPPLEMENTARY NOTES. 291 

the regulations concerning the making cf wills are materi¬ 
ally different from those of the other states. 

Nuncupative wills are such as are made by the verbal 
declaration of the testator, and depend merely on oral tes¬ 
timony for proof, though afterward reduced to writing. 
The object of authorizing wills of this kind is to enable per 
sons to direct the disposal of property in their last illness 
under circumstances which do not admit of a compliance 
with the usual forms. They are generally restricted in the 
amount of property which may be bequeathed. Wills of 
this kind may be made in the following states ; Alabama, 
for $500 ; Iowa, for $300 ; Wisconsin ; Minnesota ; Ohio. 
In the last mentioned state, personal estate only may be 
bequeathed verbally ; and the testamentary words must be 
reduced to writing within ten days. Two or more witnesses 
to nuncupative wills are necessary. 

In Texas, a parent can not deprive his descendants by 
will of more than one-fourth of his or her property. 

CHAPTER XLYIII. 

§ 2. In Connecticut and Kentucky, the seal of the gran¬ 
tor is not required ; nor in Alabama, if the maker acknowl¬ 
edges the execution before an officer. In nearly all the 
southern and western states, and in New Jersey and Penn¬ 
sylvania, a scroll, or circle of ink, made with a pen at the 
end of a name, may be used as a substitute for a seal. 

In most of the states deeds are to be subscribed by two 
or more witnesses. In Maine, Texas, Indiana, and Iowa, 
one is sufficient. As all conveyances of real estate must 
be acknowledged by the grantor, or proved, such acknowl¬ 
edgment would seem to be sufficient proof of their execu¬ 
tion ; and the principal object of witnesses may be pre¬ 
sumed to be to prove the execution of a deed in lien of an 
acknowledgment; or, if an acknowledgment is taken, to 
prove to the officer taking it, in case the grantor is not per¬ 
sonally known to him, that the person offering to make the 
acknowledgment, is the person who executed the convey¬ 
ance. Hence, in New York, Maryland, and Alabama, no 
witness is necessary in case a deed is duly acknowledged. 
In New York its execution may be proved by one witness ; 
and in New York, New Jersey, Pennsylvania, Alabama, 


292 


CITIZEN’S MANUAL. 


Mississippi, Texas, Indiana, Minnesota, California, and per¬ 
haps a few other states, it is expressly provided, that a 
conveyance shall be either acknowledged by the party ex 
ecuting it, or proved by witnesses to have been executed in 
their presence ; implying that the acknowledgment may be 
dispensed with. 

§ 3. In Vermont, Rhode Island, Connecticut, and perhaps 
one or two other states, deeds are recorded in the office of 
the town clerk ; in all the other states, in the office of a 
county register or recorder. 

§ 4 " In the following named states, specified periods of 
time are allowed for having deeds recorded, unless changes 
in some of them have been recently made : North Carolina, 
two years ; Delaware, Tennessee, Georgia, and Indiana, 
one year ; Virginia and Kentucky, eight months ; Pennsyl¬ 
vania, Maryland, South Carolina, Alabama, Illinois, and 
Ohio, six months ; Indiana, ninety days ; Mississippi, three 
months. In Ohio, no time is fixed for mortgages. In 
states in which no time is prescribed, the deed must be re¬ 
corded in a reasonable time. There are perhaps a few 
other states than those above mentioned, in which a cer¬ 
tain time is allowed for recording. 

§ 9. To entitle a wife to dower, the husband must have 
had a seizin of the land in severalty at some time during mar¬ 
riage ; that is, he must have had possession alone, and not 
jointly with another person, which is called, in law, joint 
seizin. And the dower attaches whether it is a seizin in fact , 
that is, having actual or corporal possession, or whether it 
is a seizin in law , as where the law gives a title or owner¬ 
ship to a purchaser or an heir, but he has not yet entered 
on the lands. Also if a person seized in fee makes a lease 
for life, that is, for the life of the lessee, the wife of the 
lessor is dowable of the land, and defeats the lease by a 
paramount title. If, however, the lease was made before 
marriage, she is excluded from dower, unless the life estate 
terminated during coverture, because, prior to the death of 
the lessee, the husband was not seized of the immediate free¬ 
hold. Nor does dower attach to lands mortgaged back to 
the grantor, or to a third person, to secure the payment of 
purchase money. In this case she is entitled to dower only 
in the surplus proceeds after satisfying the mortgage, 
Dower attaches to all real hereditaments, which include not 
only lands and tenements, but the rents and profits thereof. 


SUPi LEiMENTARY NOTES. 


293 


At common law, which prevails in most of the states, the 
widow is endowed during her life, of a third of all the real 
estate of which her husband was seized at any time during 
marriage, and of which she had not been barred. But in 
the states of Vermont, Connecticut, Tennessee, North Caro¬ 
lina, and Georgia, the title to dower has been restricted to 
lands of which the husband was seized at the time of his death; 
consequently, a husband alone can convey the entire prem¬ 
ises. In Georgia, however, lands having come to the hus¬ 
band by his intermarriage with his wife, are excepted ; and 
her dower in them can not be conveyed but by her own act. 
In Maine, New Hampshire, and Massachusetts, wild lands 
not connected with a cultivated farm are not subject to 
dower. 

In Virginia, in addition to dower, the widow is entitled 
absolutely to one-third of the personal estate after payment 
of debts and charges, and for life to an estate in slaves. 
This additional right is modified and increased in case there 
are no children by the marriage. In l lorida, besides 
dower, the widow, if there is no child or only one child, 
takes one-half of the personal estate absolutely ; if more 
than one child, one-third absolutely, excepting slaves, in 
which she takes a life estate. 

In Arkansas, dower extends to personal estate also ; and 
if there are no lineal descendants, the widow takes one- 
half of both real and personal estate. 

In Illinois, if there are no children and their descendants, 
the widow has one-half of the real estate, and the whole of 
the personal estate. 

In Alabama, if there are no lineal descendants, the 
widow is endowed of one-half of the lands if the estate is 
solvent ; if insolvent, of one-third. If there are lineal de¬ 
scendants, then one-third, whether the estate is insolvent or 
not. 

In Tennessee, if there are no heirs-at-law to inherit real 
estate, and there is a widow, she takes the estate in fee, 
subject to her husband’s debts. 

In Missouri, dower applies also to leasehold estate for the 
term of twenty years or more. Besides dower, the widow 
is entitled absolutely to implements of industry, household 
goods, kitchen furniture, and to other personal property to 
the value of $200 j also, to a child’s share of the personal 


294 


CITIZEN’S MANUAL. 


estate absolutely ; or, at her option, to one-third of the 
slaves for life, and one-third of the other personal property 
absolutely, subject to her husband’s debts. If there are no 
descendants, she takes absolutely all the real and personal 
estate which came to. the husband by the wife remaining 
undisposed of, and one-half of the real and personal estate 
belonging to the husband at the time of his death, subject 
to his debts. If the husband leaves descendants, but not 
by his last marriage, his widow may, in lieu of dower, take 
the real and persona] property in his possession which 
came to him in her right by means of the marriage, sub 
ject to his debts. 

In Louisiana, special provision is made for the widow 01 
minor children of a deceased person left in necessitous cir 
cumstances. If they do no possess in their own right pro 
perty to the amount of $1,000, they may demand from the 
succession of their deceased father or husband a sum suffi¬ 
cient to make up that amount; the use of which the widow 
has during her widowhood ; and the money is then to go 
to the descendants of the deceased. 

In Maine, New Hampshire, Vermont, Massachusetts, 
Connecticut, Wisconsin, and perhaps Florida and Louisiana, 
a private acknowledgment of the wife that she signed the 
deed freely, is not required. 

CHAPTER XLIX. 

§ T, 18, 19. The periods fixed by the statutes of the states 
respectively in which a title to land may be acquired by 
uninterrupted possession, are as follows :—Twenty-one 
years in Pennsylvania and Ohio ; twenty years in Maine, 
New Hampshire, Massachusetts, New York, New Jersey, 
Delaware, Indiana, Illinois, Iowa, Wisconsin, Minnesota ; 
fifteen years in Connecticut, Virginia, Kentucky ; ten years 
in South Carolina, Mississippi ; seven years in North Caro¬ 
lina, Georgia, Florida ; five years in California ; ten years 
in Louisiana, when the possessor has been in good faith, 
and held by a just title, and thirty years without any title 
on the part of the possessor, whether in good faith or not 
In those states in which there is no express provision on 
the subject, it is presumed the common law term prevails, 
which is twenty years. 


SUPPLEMENTARY NOTES 


295 


CHAPTER LI. 

§ 16. The statu tes of nearly all the states expressly pro¬ 
vide, that, in the following cases, every agreement shall 
be void, unless the same, or some note or memorandum 
thereof, shall be in writing, and signed by the party to be 
harged therewith, or by his authorized agent: (1.) The 
ipocial promise of an executor or administrator to answer 
damages out of his own estate ; (2.) A special promise to 
answer for the debt, default, or misdoing of another person ; 
(3.) Any agreement or promise upon consideration of mar¬ 
riage ; (4.) Any contract for the sale of lands, or any in¬ 
terest in lands ; (5.) Any agreement that is not to be per¬ 
formed within one year from the time of making it. Al¬ 
though the statutes of a few of the states omit, in their 
enumeration, one or more of the above cases, it is presumed 
that there is practically almost an entire uniformity in all 
the states. 

In New York, Wisconsin, Minnesota, and California, the 
law requires that the written note or memorandum shall 
express the consideration of the agreement. 

Also in these states, together with Michigan and Ala¬ 
bama, in the cases of agreements made in consideration of 
marriage, mutual promises to marry are excepted. 

CHAPTER LII. 

§ 6. The provisions of the English statute apply, in 
Maine, New Jersey, Arkansas, Iowa, and Missouri, to cases 
in which the price of the goods sold is $30 or more ; in 
New Hampshire, $33.33 ; in Connecticut and Pennsylvania, 
$35 ; in Vermont, $40 ; in Massachusetts, New York, 
Michigan, Indiana, and Minnesota, $50 ; in Georgia, £10 
sterling ; in Alabama and California, $200 ; in Florida, 
sums of any amount. Not all the states have legislated on 
the subject ; in such the English statute is presumed to 
govern. 


CHAPTER LIII. 

§ 6. These conditional sales or assignments of personal 
property, are commonly called chattel mortgages ; and to ren- 


296 


CITIZEN’S MANUAL. 


der them valid against other persons than the parties 
thereto, when the mortgaged property remains in posses¬ 
sion of the mortgager or assignor, they must be recorded 
or filed, in the following states, in the town or county in 
which the mortgager resides, or where the property is at 
the time of executing the mortgage. 

In Maine, Massachusetts, Rhode Island, and New Hamp¬ 
shire, they are recorded by the town clerk ; and in New 
Hampshire, the parties must swear that the mortgage was 
made to secure the payment of an honest debt ; and the 
affidavit also is to be recorded. 

In Connecticut, mechanical implements or machinery in 
a factory, or furniture in a dwelling, or hay in a building, 
mortgaged with the realty on which they are situate, and 
are particularly described in the mortgage, are held by the 
mortgager as effectually as if they were a part of the real 
estate, though he retains possession. 

In New York, the mortgage is filed in the town clerk’s 
office ; if in a shire town, then in the county clerk’s office. 
Chattel mortgages hold for a year only, unless renewed 
within thirty days before the year expires. 

In Maryland, acknowledged before a justice, and sworn 
to by the mortgager to be bona fide, and recorded within 
twenty days in the county records. 

In North Carolina and South Carolina, recorded in the 
county records, and in North Carolina, also proved. 

In Georgia, proved by the affidavit of the subscribing 
witness, and recorded by the clerk of the county court 
within three months. 

In Florida, acknowledged and recorded by the proper 
county officer. 

In Alabama and Mississippi, recorded in the county where 
the grantor resides, and the property is ; in Mississippi, 
within three months. 

In Texas, the mortgage must be proved by two or more 
witnesses, or acknowledged, and recorded, as deeds of real 
estate, in the county in which the mortgager lives. 

In Tennessee, proved and recorded, as mortgages on 
land. 

In Kentucky, acknowledged and recorded as deeds. 

In Ohio, to be deposited immediately with the county 
recorder, if in a shire town ; if not, then with the clerk of 


SUPPLEMENTARY NOTES. 297 

the township in which the mortgager resides. Such record 
is valid for a year only. 

In Michigan, filed with the town clerk, and holds for one 
year only, unless, within thirty days before the expiration 
of the year, affidavit is made of the mortgagee’s interest in 
the mortgaged property. 

In Indiana, proved or acknowledged, and recorded in the 
county recorder’s office within ten days. 

In Illinois, acknowledged and recorded in the office of 
the county recorder. The mortgage must expressly provide 
for the possession of the property to remain with the mort¬ 
gager. It is valid for two years. 

In Missouri and Iowa, the mortgage must be acknow¬ 
ledged and recorded as deeds of land ; in Iowa, within ten 
days. 

In Wisconsin, a copy must be filed in the office of the 
town clerk where the mortgager resides, or, if he does not 
reside in the state, in the town where the property is at the 
time of executing the mortgage. 

In Minnesota, a copy is filed in the office of the county 
register of deeds ; or, if the mortgager is a non-resident of 
the territory, in the office of the register of the county in 
which the property is at the time of executing the mortgage. 

In California, no mortgage of personal property is valid 
against other persons than the parties thereto, unless the 
mortgagee takes the property into his possession. 

In those states in which there is no special law on the 
subject, the question of the validity of a chattel mortgage 
against third persons, when the property remains with the 
mortgager, is attended with uncertainty, depending upon 
the conffi ting decisions of the courts. 

CHAPTER LIV. 

§ 11. Special laws have been passed in nearly all the 
states for the security of persons performing labor in the 
construction or repair of buildings, machinery, vessels, &c., 
and for furnishing materials for the same. They are called 
mechanics’ lien laws. They give to contractors and master- 
builders a lien upon the structures, and upon the lots at¬ 
tached to them, until their claims shall be satisfied. The 
laws of the different states differ much in their details 


298 


CITIZEN’S MANUAL. 


The several periods for which these liens continue, vary 
from thirty days to several years, at the expiration of which 
period they cease, unless proceedings are commenced for 
enforcing them ; which is done by attaching the property, 
or by bringing a suit, or by applying to the proper courts 
for authority to sell the property, as the one or the other 
mode of proceeding is prescribed by the law of the state. 
In most of the states, a lien of this kind does not hold un¬ 
less the contract is in writing ; in many of them they must 
also be recorded ; and in a few, the filing of them is suffi¬ 
cient. In some states, sub-contractors and journeymen ob¬ 
tain the benefit of this law, by notifying the owner of the 
premises of their claims against their employers ; in which 
case the owner may pay the journeymen, and retain the 
same on settlement with the contractor. Or a sub-con¬ 
tractor or a journeyman may, in some states, create a lien 
upon the premises, by giving written notice to the proprie¬ 
tor of his intention to furnish materials or perform labor on 
the building. Liens upon ships or other vessels are usually 
to be enforced within a few days after the liens shall have 
accrued. 


CHAPTER LVIII. 

§ 10. In Maine and Vermont, the legal rate of interest is 
six per cent. If more is agreed to be taken, only legal in¬ 
terest can be recovered. Usurious interest paid may be 
recovered back. 

In New Hampshire and Massachusetts, the rate is rasper 
cent. The party taking more forfeits three times the amount 
unlawfully taken. 

In Rhode Island, the rate is six per cent. On a usurious 
contract, the principal and lawful interest can be recovered. 

In Connecticut, six per cent. On a usurious contract, 
only the principal can be recovered. Persons taking usury, 
forfeit the whole of the interest, one-half to the prosecutor, 
the other half to the state treasury. 

In New York, seven per cent. Contracts whereby a higher 
rate is reserved, are void. If, however, the principal and 
interest have been paid, only the excess car be afterwards 
recovered. Corporations can not set up the defense of 
usury m this state. 


SUPPLEMENTARY NOTES 


299 


In New Jersey, six per cent. Usurious contracts are void. 
Persons taking more than the legal rate, forfeit the whole 
value of the subject matter of the contract, one-half to the 
state, and one-half to the prosecutor. In Hudson and Essex 
counties and the city of Paterson, the legal rate is seven per 
cent., if one or both of the parties reside therein. 

In Pennsylvania, six per cent. Usurious interest can not 
be recovered ; and if paid, may be recovered back. 

In Delaware, six per cent. For taking more, the whole 
debt is liable to forfeiture, one-half to the state, and one- 
half to the prosecutor. 

In Maryland, six per cent. If more is taken, only the ex¬ 
cess over the legal rate can be recovered. 

In Virginia, six per cent. Contracts for a greater rate 
are void ; and a penalty is incurred of double the amount 
of the debt, one-half to the informer. 

In North Carolina, six per cent. Contracts reserving a 
higher rate are void ; and the party exacting it is liable to 
a forfeiture of twice the amount of the debt, one-half to the 
State, and one-half to the prosecutor. 

In South Carolina and Georgia, seven per cent. If more is 
reserved, the entire interest is forfeited. 

In Florida, six per cent., but may be eight by agreement. 
Usury is punishable by indictment and loss of the whole 
interest. 

In Alabama, eight per cent. In usurious contracts, the 
principal only can be recovered. 

In Mississippi, six per cent. ; for the Iona fide use of money 
eight per cent. Any rate not exceeding ten per cent, may 
be taken by agreement in writing. Only simple interest 
can be recovered when a higher rate is reserved than is> 
allowed by law. 

In Louisiana, the legal rate is five per cent. ; but may be 
eight by agreement. Bank interest is six per cent. For 
usury, the entire interest is forfeited. 

In Texas, the legal rate is eight per cent. ; but as high as 
twelve may be taken by agreement. If more is reserved than 
the law allows, no interest can be recovered. 

In Arkansas, six per cent. ; but any rate not exceeding 
ten per cent, may be contracted for. Usurious contracts 
are void. 

In Tennessee, six per cent. For exacting more, a person 
may be fined not less than the amount unlawfully taken. 


300 


CITIZEN’S MANUAL. 


In Kentucky, six per cent. The usurious excess is void. 

In Ohio, six per cent. ; but any rate not exceeding ten per 
cent, may be taken on written agreement. If more is re¬ 
served, the excess is void. 

In Michigan, seven per cent. Any rate not higher than ten 
per cent, may be agreed upon for a loan of money. Excess 
beyond these rates is void. 

In Indiana, six per cent. A higher rate can not be recov¬ 
ered ; and if paid, may be recovered back. 

In Illinois, six per cent. ; for money loaned, it may be ten 
per cent. Only the legal rates are collectable. 

In Missouri, six per cent. ; ten may be agreed upon. A 
person taking usury, forfeits ten per cent., to be paid for the 
benefit of the common school fund. 

In Iowa, six per cent. ; by agreement may be ten . Illegal 
interest paid, may be recovered. 

In Wisconsin, seven per cent. ; may be ten by written 
agreement. A person paying more than legal rates, may 
recover treble the amount paid. 

In Minnesota, seven per cent. Twelve may be taken by 
agreement. 

In California, ten per cent. Parties may contract for any 
rate on money due, or to become due, cn any contract. 

In Oregon, ten per cent. Interest on accounts reckoned 
to the day of liquidation. 

In Kansas, legal rate seven per cent, where no other 
rate has been agreed on. 

In Nebraska, ten per cent. Any rate may be agreed on 
up to fifteen. 

In Colorado, the rate is ten per cent., though a higher 
rate may be stipulated. 

In West Virginia, six per cent, is enforced, and no 
higher rate can be recovered at law. 


SYNOPSIS OP THE STATE CONSTITUTIONS 


301 


SYNOPSIS OF THE STATE CONSTITUTIONS. 


MAINE 

The District of Maine, formerly belonging to the state of 
Massachusetts, adopted in Convention, October 29, 1819, a 
constitution, preparatory to admission into the Union as a 
state, and was admitted as such, March 15, 1820. The 
constitution has received few alterations, among the more 
important of which are a change in the term of judicial of¬ 
ficers from the term during good behavior, to the term of 
seven years, and a change of election of representatives in 
the legislature by a majority of votes, to election by plural¬ 
ity, or by the highest number of votes. 

Electors. Every male citizen of the United States, of the 
age of twenty-one years, and upwards, excepting paupers, 
persons under guardianship, and Indians not taxed, having 
had an established residence in the state three months 
next preceding the election, is an elector for governor, 
senators, and representatives. Persons in the military, 
naval, or marine service of the United States, and students 
in seminaries, do not acquire a legal residence in any town. 
Electors, except in cases of crime, are privileged from ar¬ 
rest on the days of election, during attendance at, going to, 
and returning therefrom ; and are exempt from military 
duty on such days, except in time of war or public danger. 

Legislature. The house of representatives consists of one 
hundred and fifty-one members, apportioned among the sev¬ 
eral counties according to population. Each town having 
1,500 inhabitants, may elect one representative ; a town 
having 3,750 inhabitants elects two representatives ; a 
town having 6,750, elects three ; a town having 10,500, 
elects four ; a town having 15,000, elects five ; a town 
having 20,250, elects six ; a town having 26,250, elects 
seven. If the number of 1,500 shall at any time be too 
large or too small to apportion all the representatives to 
any county, it is to be so increased or diminished as to 
give the number of representatives according to the above 



302 


CITIZEN’S MANUAL. 


rule. A representative must be twenty-one years of age, 
and must have been five years a citizen of the United 
States, one year a resident of the state, and three months 
next preceding his election a resident of the town or dis- 
tiict which he represents. 

The senate is to consist of not less than twenty, nor more 
than thirty-one members, elected in districts. They are 
elected by a majority of votes. If such election, in any dis¬ 
trict is not made by the electors, the senators elected, and 
the members of the house, elect, by joint ballot, from the 
two persons having received the highest numbers of votes. 
Senators must be twenty five years of age, and in other 
respects must have the same qualifications as representa¬ 
tives. 

The annual meeting of the legislature is on the first 
Wednesday of January. Bills vetoed by the governor must 
be passed by two-thirds majorities to become laws. 

Executive. The governor is elected annually. A majority 
of all the votes given is required. If no person is thus 
elected, the house of representatives, from the persons 
voted for, (not exceeding four,) having the highest num¬ 
bers of votes, elects two, of whom the senate elects a gov¬ 
ernor. The governor must be thirty years of age, a native 
citizen, a resident of the state five years. There is a coun¬ 
cil, consisting of seven persons, to advise the governor in 
the executive part of the government. The counselors are 
chosen annually, on the first Wednesday of January, by 
joint ballot of the senators and representatives. The gov¬ 
ernor, with the advice and consent of the council, appoints 
judicial officers, coroners, and notaries public ; also all 
other officers whose appointment is not by the constitution 
or by law otherwise provided for. There is no lieutenant- 
governor in this state. 

A secretary of state, a treasurer, and an attorney-gene¬ 
ral, are chosen annually by joint ballot of both houses of 
the legislature ; the treasurer not to be eligible more than 
five years successively. 

Judicially. The judicial power of the state is vested in a 
supreme judicial court, and such other courts as the legis¬ 
lature shall establish. Judges of the judicial court are ap¬ 
pointed for seven years ; judges and registers of probate 


SYNOPSIS OF THE STATE CONSTITUTIONS. 303 

are elected by the people of their respective counties for 
four years. 

Education. The legislature is enjoined to require the sev¬ 
eral towns to make suitable provision for the support of 
schools in them. It is also the duty of the legislature to 
encourage and endow academies, colleges and seminaries of 
learning. 

Miscellaneous Provisions. All civil officers may be removed, 
by impeachment, for misdemeanor in office ; and every per¬ 
son holding office may be removed by the governor and 
council, on address of both branches of the legislature. 
The credit of the state may not be loaned in any case. 
Nor may the legislature create any debts or liabilities, which 
shall, in the aggregate, exceed $300,000, except to sup¬ 
press insurrection, to repel invasion, or for purposes of war. 

Amendments to the constitution must be proposed by the 
legislature, two-thirds of both houses concurring, and rati¬ 
fied by electors at their next annual meeting. The votes 
of a majority of the electors voting on the question, is ne¬ 
cessary to a ratification. 


NEW HAMPSHIRE. 

This state adopted a constitution in 1184. Its present 
constitution was adopted in 1192. 

Electors. All male citizens, twenty-one years of age, ex¬ 
cept paupers, and persons excused from paying taxes at 
their own request, are voters. 

Legislature. The two houses , together, are styled, the 
general court. The senate consists of twelve members, 
elected annually, in single districts. A senator must own 
a freehold estate of the value of $ 1000 ; be thirty years of 
age ; have been an inhabitant of the state seven years im¬ 
mediately preceding his election 5 and be an inhabitant of 
the district for which he is chosen. Representatives are 
chosen annually in towns ; each town having 150 ratable 
male polls twenty-one years of age being entitled to one 
representative, and an additional representative for every 



304 


CITIZEN’S MANUAL. 


300 additional ratable male polls. A representative must 
have resided in the state two years ; must have an estate 
within his district of $500 value, one-half of it freehold. 
Senators and representatives must be of the Protestant 
religion.* A majority of each house constitutes a quorum. 

The legislature may pass bills against the veto of the 
governor, by majorities of two-thirds. Bills also become 
laws if not returned by the governor within five days, un¬ 
less the legislature, by their adjournment, prevent their 
return. 

Executive. The governor is elected annually by a majority 
of votes. If no person receives a majority, the two Houses, 
by joint ballot, elect one of the two persons having the 
highest numbers of votes. A governor must have been an 
inhabitant of the state seven years ; must be thirty years 
of age ; own an estate of $2500, one half of it freehold ; 
and be of the Protestant religion.* No lieutenant-governor. 
A council of five members, one in each district, is annually 
elected, by a majority of votes. If in any district no per¬ 
son has a majority, the senate and house elect one of the 
two having the highest numbers of votes. Counselors have 
the same qualifications as senators. The power of pardon, 
and the power of appointment, are exercised by the gov¬ 
ernor and council. 

A secretary of state, a treasurer, and a commissary-gen- 
eial, are appointed by joint ballot of the senators and re¬ 
presentatives. 

Judiciary. All judical officers are appointed by the gov¬ 
ernor and council; justices of the peace for five years, the 
judges of the higher courts to hold during good behavior. 
Judges of courts and of probate become disqualified at the 
age of seventy years. 

The attorney-general, solicitors, sheriffs, coroners, regis¬ 
ters of probate, and naval and the higher militia officers, 
are appointed by the governor and council. 

County treasurers and registers of deeds, are elected by 
the people of the several counties. 

Education. It is made the duty of legislators and magis¬ 
trates, to cherish the interests of literature and the sciences, 
and all seminaries and public schools ; to encourage the pro¬ 
motion of agriculture, arts, trade, commerce, and manufac¬ 
tures ; countenance and inculcate the principles of human? 

• Property qualification for the legislature and governor, has been al dished. 


SYNOPSIS OF THE STATE CONSTITUTIONS 305 

ity and general benevolence, industry, honesty, sobriety, 
and all social and generous sentiments among the people. 

Amendriwits. The sense of the people as to the necessity 
of a revision of the constitution is taken every seven years 
at an election ; and if, by a majority of the votes, a revi¬ 
sion is deemed necessary, the general court is to call a 
convention for that purpose ; and any alterations proposed 
by the convention must be approved by two-thirds of the 
qualified voters who shall vote on the question of theii 
adoption. 


VERMONT. 

This state was admitted into the Union in 1791, with a 
constitution formed in 1777 ; the present one was adopted 
in 1793, and has been several times amended. 

Electors. Every citizen of the United States who has re¬ 
sided in the state one whole year before the election, and 
is of a quiet and peaceable behavior, is entitled to all the 
privileges of a freeman, by taking an oath, that, in giving 
his vote or suffrage, he will do it in such a manner as he 
believes will most conduce to the best good of the state. 

Legislature. The senate consists of thirty members, elected 
annually. Each county is entitled to at least one senator, 
the remainder to be apportioned among the several counties 
according to their population, as ascertained by the last 
United States census, or by a state census taken for the 
purpose of such apportionment; regard being had in the ap¬ 
portionment to the counties having the greatest fractions, 
and giving to each county at least one senator. Senators 
must be thirty years of age, and. f^emen of the county in 
which they are elected. Representatives are elected in the 
several towns, each town being entitled to one representa¬ 
tive ; who must have resided two years in the state, the 
last of which in the town for which he is elected. A majo¬ 
rity of either branch constitutes a quorum; for raising a 
state tax, two-thirds of the members elected must be present. 

Bills negatived by the governor, become laws when re¬ 
passed by majorities of both houses. Bills not returned 
within five days, become laws. 



306 


CITIZEN'S MANUAL 


Executive The governor is elected annually ; also a lieu- 
tenant-governor. If no person has a majority of votes, the 
election is made by joint ballot of the senate and house, from 
the three candidates (if there be so many) having the high¬ 
est numbers of votes. The powers and duties of the gov¬ 
ernor are nearly the same as those of executives generally. 
He must have resided in the state four years. There is a 
lieutenant-governor in this state, qualified as the governor. 

A secretary of state is chosen by the senate and house 
in joint assembly. A treasurer is elected at the same time, 
and in the same manner, as the governor and lieutenant- 
governor. 

Judiciary. The judicial power of the state is vested in 
judges of the supreme court, and of the county courts, 
who are annually chosen by the senate and house ; and in 
justices of the peace, who are elected by the freemen of 
their respective towns. Towns having less than 1,000 in¬ 
habitants, may elect any number of justices not exceeding 
Jive ; towns having more than 1,000 and less than 2,000, 
may elect seven; towns having between 2,000 and 3,000, 
may elect ten ; towns having between 3,000 and 5,000, may 
elect twelve; and towns having 5,000 or more, may elect 
Jifteen justices. 

Judges of probate are elected by the freemen of their 
respective districts. Assistant judges of the county court, 
sheriffs, and high bailiffs, and state’s attorneys, are elected 
by the freemen of their respective counties. 

Amendments. There is chosen, every seven years, by the 
people, a council of censors, thirteen in number, who ex¬ 
amine into the different departments of the government, 
and who have power to call a convention to am«nd the 
constitution. ^ 

Miscellaneous Provisions. The constitution declares, that a 
competent number of schools ought to be maintained in 
each town, and one or more grammar schools supported in 
each county. No person not already a freeman of the 
state, may exercise the privilege of a freeman, unless he is 
a natural born citizen of one of the United States, or until 
he shall have been naturalized agreeably to the acts of 
congress. 


SYNOPSIS OF THE STATE CONSTITUTIONS 


307 


MASSACHUSETTS. 

The constitution of this state was formed in 1780. It 
has been several times amended. 

Electors. Every male citizen twenty-one years of age, (ex¬ 
cepting paupers and persons under guardianship) having re¬ 
sided a year in the state, and six months in the town or 
district in which he claims a right to vote, and having 
paid a tax within two years, or is legally exempt from tax¬ 
ation, is entitled to the right of suffrage. 

Legislature. The senate and house of representatives are, 
together, styled, the general court. The senate consists of forty 
members, chosen in districts. The number assigned to each 
district is to be in proportion to its population. Senators 
must have resided in the state five years, and must be, when 
elected, inhabitants of the districts for which they are 
chosen. Representatives are apportioned among the towns 
and cities. Every town or city containing 1,200 inhabi¬ 
tants is entitled to one representative, and for every 2,400 
inhabitants above that number, to an additional represen¬ 
tative. A town containing less than 1,200 inhabitants, 
may elect a representative as many times within ten years 
as the number 160 is contained in the number of its inhabi¬ 
tants. Such town may also elect a representative for the 
year in which the valuation of estates shall be settled. 
Whenever the population of the state shall exceed 770,000, 
the number of inhabitants entitling a town to one repre¬ 
sentative, and the number entitling it to each additional re¬ 
presentative, are to be increased one-tenth ; and for every ad¬ 
ditional increase of 70,000 inhabitants, the same addition 
of one-tenth is to be made to the above numbers. Repre¬ 
sentatives must have resided a year in the towns they re¬ 
present. 

The general election is held annually on the 2d Monday 
in November. Sessions of the general court commence on 
the 1st Wednesday of January. Bills negatived by the 
governor become laws if passed by two-thirds majorities ; 
also if not returned by him within five days, unless the legis¬ 
lature by adjournment prevent their return. 

Executive. The governor is chosen annually. He must 


308 


CITjlziUJN’S MANUAL. 


have been an inhabitant of the state seven years ; and do 
clare himself to be of the Christian religion. In case of 
no election by a majority of votes, the house elects two 
out of the four having received the highest numbers of 
votes, if so many have been voted for ; if not, then out of 
the number voted for : and of the two so elected, the 
senate elects a governor. A lieutenant-governor is elected 
in the same manner as the governor. In exercising the 
pardoning power and the power of appointment, and in di¬ 
recting the affairs of the state generally, the governor acts 
in conjunction with an advisory council of nine members, 
elected annually by the senate and house in joint assembly. 
Counselors must have been inhabitants of the state five 
years. 

The secretary, treasurer, receiver-general, commissary- 
general, notaries public, and naval officers, are chosen an¬ 
nually by the senators and representatives. 

Judiciary. All judicial officers are nominated and ap¬ 
pointed by the governor, with the consent of the council. 
The justices of the higher courts hold their offices during 
good behavior ; justices of the peace for the term of seven 
years. The former may be removed by the governor and 
council on address of both houses of the legislature. 

The attorney-general, the solicitor-general, sheriffs, coro¬ 
ners, and registers of probate, are appointed in the same 
manner as justices. 

Education. The constitution makes it the duty of the leg¬ 
islature and magistrates to cherish the interests of litera¬ 
ture and the sciences, and all seminaries of them ; espe 
cially the university at Cambridge, public schools, and gram¬ 
mar schools in the towns. 

Amendments are proposed in the general court by a majo¬ 
rity of the senators and two-thirds of the representatives 
present and voting ; and if agreed to by like majorities of 
the next general court, they are submitted to the qualified 
voters of the state for ratification. 


SOOPSIS OF THE STATE CONSTITUTIONS 


309 


RHODE ISLAND. 

A charter was granted in 1663, by Charles II, to the 
Rhode Island and Providence Plantations. The company 
to whom the grant was made, comprised a governor, a 
deputy-governor, and a council. To these were subse¬ 
quently added a house of representatives, chosen by the 
people in towns, and a judiciary department, the judges of 
which were chosen annually by the people. This charter, 
thus modified, continued the basis of government until the 
year 1842, when the present constitution was adopted. 

Electors. Every male (naturalized) citizen of the United 
States, twenty-one years of age, who has resided in the state 
one year, and in the town or city in which he offers to vote, 
six months ; who owns real estate worth $134 over and 
above all incumbrances, or which rents for $1 a year over 
and above any rent reserved or the interest of any incum¬ 
brances thereon ; also every male native citizen, who has 
resided two years in the state, and six months in the town 
or city where he offers his vote, whose name has been 
registered in the town or city clerk’s office at least seven 
days, and who has within the year, and at least seven days 
before the election, paid a tax or taxes either assessed upon 
his estate, or paid by him voluntarily, to the amount of $1 ; 
or who, being so registered, has done military duty within 
the year ; is a legal voter. 

Legislature. The two houses together are called the gene¬ 
ral assembly. The sessions are held annually. The house 
of representatives may not exceed seventy-two members. 
They are apportioned among the towns according to popu¬ 
lation, allowing one representative for a fraction exceeding 
half the ratio ; but each town or city is entitled to at least 
one member ; and no town is to have more than one-sixth 
of the number to which the house is limited. The senate 
consists of the lieutenant-governor and one senator from 
each town or city in the state. The governor, and, in his 
ibsence, the lieutenant-governor, presides in the senate and 
in grand committee ; but may vote only in case of equal 
division. Bills are not presented to the governor for revi¬ 
sion in this state. 


310 


CITIZEN’S MANUAL. 


Executive. The governor and lieutenant-governor are 
elected annually. If no candidate receives a majority of 
votes, the two houses in joint assembly, (called the grand 
committee,) elect one of the two having received the high¬ 
est numbers of votes. 

A secretary of state, an attorney-general, and a general 
treasurer, are elected annually in the same manner as the 
governor; and their names, and the names of the persons 
voted for as governor and lieutenant-governor, are all placed 
upon one ticket. 

Judiciary. A supreme court and such inferior courts as 
the general assembly shall establish. Judges of the supreme 
court are elected by the two houses in grand committee. 
Each judge holds his office until his place shall be declared 
vacant by a resolution of the general assembly. 

Education. It is made the duty of the legislature to pro¬ 
mote public schools, and to secure to the people the advan¬ 
tages of education. And the present fund, and all moneys 
and donations for the support of public schools, must be in¬ 
fallibly applied to such use. 

Amendments to the constitution must be agreed to by two 
successive legislatures, (a majority of all the members 
elected to each house voting in their favor,) and must be 
approved by three-fifths of the electors of the state voting 
thereon. 


CONNECTICUT. 

The colony of Connecticut, comprising the territory of the 
present state, was formed by the union of several colonies 
under a charter granted by Charles II, in 1662. This char¬ 
ter was confirmed by England in 1688, and was continued 
as the basis of government until 1818, when the present 
constitution was adopted. This constitution was amended 
in 185—. 

Legislature. The two houses, together, are styled, the 
general assembly. Representatives are apportioned among 
the towns according to population. Any elector is eligible 
to either house. Senators, not less than eighteen, nor moro 




SYNOPSIS OF TIIE STATE CONSTITUTIONS. 


311 


than twenty-four, are chosen in districts, the number of 
which is not to be less than eight, nor more than twenty 
four ; the districts to be alterable after each census of the 
United States. Election of senators is by plurality. A 
majority of each house is a quorum. Bills returned by the 
governor become laws when again passed by a majority of 
each house. Bills become laws also if not returned by the 
governor within three days after having been presented to 
him, unless the legislature, by adjournment, prevent their 
return. 

Executive. A governor and a lieutenant-governor are 
elected annually. Any qualified elector, thirty years of 
age, is eligible. A majority of votes is necessary to elect 
the governor. In case of a failure to elect, the general 
assembly choose a governor from one of the two having the 
highest numbers of votes. 

A treasurer, a secretary, and a controller of public ac¬ 
counts, are elected in the same manner as the governor and 
lieutenant-governor. 

A sheriff is elected in each county for three years, and is 
removable by the general assembly. 

Judiciary. A supreme court of errors, a superior court, and 
such inferior courts as the general assembly shall establish. 
The judges are appointed by the general assembly. Judges 
of the supreme court and of the superior court, hold their 
offices for the term of eight years ; may be removed by the 
governor on the address of two-thirds of each house. Judges 
of probate are chosen annually by the electors in the several 
probate districts. Justices of the peace are elected in the 
several towns. 

Electors. Every male citizen twenty-one years of 

age, who has resided a year in the state, and six months in 
the town in which he offers himself to be admitted to the 
privileges of an elector, and who sustains a good moral 
character, shall, on Ins taking the oath prescribed by law, 
be an elector. He must also be able to read any section of 
the constitution of the state and of the constitution of the 
United States. 

Amendments of the constitution are proposed by a majority 
l f the house of representatives, approved by two- thirds of 
both houses of the next general assembly, and a majority 
of the electors at an election. 


312 


CITIZEN’S MANUAL. 


Education. The school fund is to remain a perpetual fund, 
the interest of which is to be inviolably appropriated to the 
support of the public or common schools throughout the 
state. 


NEW YORK. 

The first constitution of this state was formed in 1777 ; 
the second in 1821, (adopted in 1822). The present con¬ 
stitution was formed and adopted in 1846. 

Electors. Every male citizen twenty-one years of age, 
who has been an inhabitant of the state a year, and for 
four months a resident of the county, may vote in the 
election district in which he resides ; but he must have re¬ 
sided for thirty days in the district for which the officer is 
to be chosen for whom he offers to vote. Naturalized per¬ 
sons must have been admitted as citizens at least ten days 
before voting. Colored men formerly had the right to 
vote, if they possessed an unencumbered freehold estate of 
the value of $250. The state constitution was amended 
according to the provisions of the 15th amendment of the 
United States, and now there is no discrimination. 

Legislature. A senate and an assembly. The senate con¬ 
sists of thirty-two members elected for two years, one in 
each senate district. The assembly consists of one hun¬ 
dred and twenty-eight members, apportioned among the 
several counties according to population. Counties en¬ 
titled to more than one member are divided into as many 
districts as there are members ; and a member is elected 
in each district. 

The final passage of bills requires a majority of all the 
members elected to each house. Bills negatived by the gov¬ 
ernor are to be returned within ten days, and become laws 
by being again passed, by majorities of two-thirds of both 
branches. The compensation of members is $3 a day, and 
20 cents a mile for traveling to and from the place of meet¬ 
ing ; but they can receive pay for omy one hundred days at 
a single session. A census is taken, and a new apportion¬ 
ment made every ten years. 

Executive. The governor is elected for two years ; must 
be a citizen of the United States, thirty years of age, and 



SYNOPSIS OF THE STATE CONSTITUTIONS. 313 

have resided in the state five years next preceding his elec¬ 
tion. A lieutenant-governor, qualified in the same manner, 
is elected at the same time. 

A secretary of state, a controller, a treasurer, an attorney- 
general, and a state engineer and surveyor, are chosen for 
two years. Also three canal commissioners and three in¬ 
spectors of state prisons, for three years, one of each to be 
elected every year. 

Judiciary. A court of appeals, a supreme court, county 
courts, and courts held by justices of the peace. The state 
is divided into eight judicial districts, in each of which four 
justices of the supreme court are elected fm* eight years, 
two of them every two years. The court of appeals is com¬ 
posed of eight judges, of whom four are elected by the elec¬ 
tors of the state for eight years, one every two years, and 
the other four are selected from the class of justices of the 
supreme court having the shortest time to serve ; that is, 
whose term of service is most nearly expired. The business 
of the court of appeals is to review cases brought from the 
supreme court. One or more of the justices of the supreme 
court hold special terms and circuit courts in the several 
counties ; and one of them presides in the courts of oyer 
and terminer in each county. General terms of the supreme 
court are held in the several districts, by three or more of 
the justices. 

A county court is held by a county judge elected for 
four years. 

In holding criminal courts, two justices are associated 
with the county judge. These justices are elected by the 
electors of the county, and are selected from acting justices 
of the peace. The county judge is also surrogate, (called 
in other states judge of probate.) In counties having a pop¬ 
ulation exceeding 40,000, a separate officer may be chosen 
as surrogate. County judges and surrogates hold their 
offices four years. Justices of the peace are elected in the 
several towns, and hold for the same term. 

A clerk of the court of appeals, who is ex-officio clerk of 
the supreme court, is elected for three years. County clerks 
are clerks of the supreme court in their respective counties. 

Judges of the court of appeals and justices of the supreme 
court may be removed by the legislature. County judges 
may be removed by the senate on recommendation of the 
governor 


314 


CITIZEN’S MANUAL. 


There are, in cities, certain judicial officers and courts, 
distinct from those above mentioned. 

Sheriffs, clerks of counties, coroners, and district-attor¬ 
neys, are elected for three years, in the several counties. 
Sheriffs are ineligible for the next three years. 

Education. The capital of the common school fund, (now 
more than $2,000,000,) the capital of the literature fund, and 
the capital of the United States deposit fund, are to be pre¬ 
served inviolate. The revenue of the common school fund, 
and a large portion of the revenue of the United States de¬ 
posit fund, are annually applied.to the support of common 
schools ; the revenue of the literature fund to the support 
of academies. 

Amendments to the constitution must receive the sanction 
of two successive legislatures, majorities of all the members 
elected to each house concurring, and be ratified by a ma¬ 
jority of the votes of the electors voting thereon at an elec¬ 
tion. Every twentieth year, and at such other times as the 
legislature shall provide, the question of calling a conven¬ 
tion to revise the constitution, shall be submitted to the 
electors of the state. 

Miscellaneous Provisions. The legislature may not sell or 
lease the canals of the state, nor sell the salt springs. The 
credit of the state shall not be loaned for the benefit of any 
individual, association or corporation. Debts may be con¬ 
tracted to meet casual deficits or failures in revenue, or for 
other expenses not provided for ; but the aggregate of such 
indebtedness shall not any time exceed $1,000,000. Addi¬ 
tional debt may be contracted to repel invasion, suppress in¬ 
surrection, or to defend the state in war. Except the debts 
above specified, no state debt may be hereafter contracted, 
unless authorized by law for some single work or object, 
distinctly specified ; and the law must provide for the pay¬ 
ment of the debt within eighteen years ; and, before it can 
take effect, must be submitted to and sanctioned by the 
people at an election. 

Corporations must be formed under general laws, but 
may not be created by special act, except for municipal 
purposes, and in cases where, in the judgment of the legis¬ 
lature, the objects of the corporation can not be attained 
under general laws. The stockholders in any bank or other 
moneyed corporation, are individually responsible to the 


SYNOPSIS OF TIIE STATE CONSTITUTIONS. 


315 


amount of their respective shares therein, for all its debts 
and liabilities contracted after the first of January, 1850. 
Bill-holders have preference in payment over other creditors 
of an insolvent bank. 


NEW JERSEY. 

New Jersey, as a colony, adopted a constitution in 1176, 
under which the state was governed until the present con¬ 
stitution, framed in 1844, was adopted. 

Electors. All male citizens, who have resided in the 

state a year, and in the county in which they claim the 
right to vote, five months, are qualified voters ; except 
paupers, idiots, insane persons, or persons convicted of cer¬ 
tain crimes. 

Legislature. A senate and general assembly. The senate 
consists of one senator from each county, elected for three 
years. One-third of the senators are elected every year. 
A senator must be thirty years of age, and have been a citi¬ 
zen and an inhabitant of the state four years, and of the 
county one year, before his election. Members of the gen¬ 
eral assembly are apportioned among the counties according 
to the population. A new apportionment is made every ten 
years, after the taking of the United States census. The 
number of members may not exceed sixty. A member must 
have been a citizen and resident of the state two years, and 
of the county one year. A majority is a quorum. 

The final passage of bills requires a majority of all the 
members elected to each house. The same majorities may 
pass bills disapproved by the governor. Bills become laws 
if not returned by the governor within five days, unless their 
return is prevented by the adjournment of the legislature. 
Legislature meets on the 2d Tuesday of January. Members 
of the legislature receive $3 a day for forty days, and $1,50 
a day thereafter ; and $1 for every twenty miles travel to 
and from the place of meeting. 

Executive. The governor is elected for three years ; and is 
ineligible for the next three years. He must be thirty years 
of age ; must have been for twenty years a citizen of the 



316 


CITIZEN’S MANUAL 


United States, and a resident of the state seven years rext 
before his election. There is no lieutenant-governor. The 
pardoning power is exercised by the governor, in conjunc¬ 
tion with the chancellor and the judges of the court of er¬ 
rors and appeals. 

The state treasurer, and the keeper and inspectors of the 
state prison, are appointed annually by the senate and gen¬ 
eral assembly in joint meeting. The secretary of state, 
attorney-general, and prosecutors of the pleas, are appointed 
by the governor and senate, for five years. 

Judiciary. A court of errors and appeals ; a court of chan¬ 
cery ; a prerogative court; a supreme court; circuit courts ; 
and such inferior courts as now exist, and as may hereafter 
be established by law. The court of errors and appeals 
consists of the chancellor, the justice of the supreme court, 
and six judges or a majority of them. The court of chan¬ 
cery consists of the chancellor ; who is also the ordinary, 
or surrogate-general, and judge of the prerogative court, to 
which appeals are made from the orphans’ court. 

The supreme court consists of a chief justice and four 
associate justices, which number of associate justices may 
be increased or diminished, but may not be less than two. 

The circuit courts are held in every county, by one or 
more justices of the supreme court, or a judge appointed 
for that purpose, and have, within the county, common law 
jurisdiction concurrent with the supreme court, except in 
criminal cases ; and final judgments in circuit courts may 
be brought, by writ of error, into the supreme court, or di¬ 
rectly into the court of errors and appeals. The justices of 
the supreme court and the chancellor hold their offices seven 
years ; the judges of the court of errors and appeals, six 
years ; and all are appointed by the governor and senate. 
The inferior court of common pleas shall have not more than 
five judges, one to be appointed every year, by the senate 
and general assembly. 

Justices of the peace, from two to five, are elected in each 
township, and in each city ward, for five years. A town¬ 
ship or ward containing 2,000 inhabitants, or less, may have 
two justices ; between 2,000 and 4,000, four justices ; over 
4,000, five justices. Any township not voting in wards, and 
containing more than *1,000 'nhabitants, may have an add> 


SYNOPSIS OF THE STATE CONSTITUTIONS. 31 "/ 

tional justice for each additional 3,000 inhabitants over 
4,000. 

Sheriffs and coroners are elected annually in their re¬ 
spective counties, and may be reelected until they have 
served three years ; after which they are ineligible for three 
years. 

Education. The income of the fund for the support of free 
schools, except so much as shall be applied to an increase 
of the capital, is to be annually appropriated to the support 
of public schools, for the equal benefit of all the people of 
the state. 

Amendments to the constitution must be agreed to by two 
successive legislatures, by majorities of all the members 
elected to each house, and be ratified by the electors at an 
election held for that purpose. The amendments, (if more 
than one,) must be voted on separately. Amendments may 
not be submitted to the people by the legislature oftener 
than once in five years. 


PENNSYLVANIA. 

A constitution was adopted in 1116 ; another in 1790; 
and the present one in 1838. 

Legislature. The senate and house of representatives are, 
together, called the general assembly. The representatives 
are chosen annually, and are apportioned every seven years 
among the counties according to the number of taxable in¬ 
habitants ; the number to be fixed by the legislature, and 
not to be less than sixty, nor more than one hundred. A 
representative must be twenty-one years of age, have been, 
when elected, three years a citizen and inhabitant of the 
state, and the last year an inhabitant of the district he 
is to represent. Senators are chosen for three years, 
(one-third of them every year,) in districts, not more than 
two in any district, unless the taxable inhabitants in any 
city or county are such as to entitle it to elect more; 
but no city or county may elect more than four. The num¬ 
ber of senators may not be less than one-fourth, nor greater 
than one-third vff the number of representatives. A senator 



318 


CITIZEN’S MANUAL. 


must be twenty-five years of age, and must have been a 
citizen and an inhabitant of the state four years, the last 
year of which an inhabitant of the district for which he is 
chosen. 

Bills vetoed by the governor become laws if subsequently 
passed by majorities of two-thirds. Also bills not returned 
by him within ten days become laws without his approval, 
unless their return is prevented by adjournment. 

Executive. The governor is elected for three years, and 
may not hold the office longer than six years in any term 
of nine years. He must be thirty years of age, and have 
been a citizen and an inhabitant of the state seven years. 
No lieutenant-governor. 

A secretary of the commonwealth is appointed by the 
governor during pleasure. A treasurer is elected annually 
by the two houses in joint assembly. 

Electors. Every freeman, twenty-one years of age, 

having resided in the state one year, and in the election 
district where he offers to vote, ten days, next before the 
election, and within two years has paid a state or county 
tax assessed at least ten days before the election, is an 
elector. A qualified elector who shall remove from the state 
and return, becomes a voter by six months' residence in the 
state, and by the ten days’ residence in the district, and 
the payment of taxes. Freemen between the ages of 

twenty-one and twenty-two years, are not required to have 
paid taxes. Electors, except in cases of crime, are privi¬ 
leged from arrest during their attendance on elections, and 
in going to and returning from them. 

Judiciary. The judicial power of the commonwealth is 
vested in a supreme court, the judges of which are appointed 
for fifteen years ; courts of oyer and terminer and general 
jail delivery in the several counties, of which the judges of 
the supreme court and court of common pleas are justices 
by virtue of their offices ; a court of common pleas in each 
judicial district, no district to include more than five coun¬ 
ties, the presiding judge of which holds his office for ten 
years, the associate judges for five years ; a court of quar¬ 
ter sessions and an orphans’ court for each county, held by 
judges of the common pleas ; a register’s court for each 
county, composed of the register of wills and judges of the 
common pleas ; and courts held in the several townships, 


SYNOPSIS OP THE STATE CONSTITUTIONS. 


31 9 


wards, and boroughs, by justices of the peace 01 aldermen 
elected by the voters therein, for five years. Judges of the 
supreme court are elected by the people of the state at 
large ; others are chosen in the districts or counties over 
which they preside. 

Prothonotaries of the supreme court are appointed by the 
court for three years. Prothonotaries and clerks of the 
several other courts, recorders of deeds, and registers of 
wills, are elected in their respective counties and districts, 
for three years. 

Sheriffs and coroners are elected in their respective coun¬ 
ties for three years. Sheriffs may not be twice chosen in 
any term of six years. 

Not more than two justices of the peace or aldermen may 
be elected in any township, ward, or borough, without the 
consent of a majority of the electors therein. 

Education. The legislature is required to provide for the 
establishment of schools throughout the state, in such man¬ 
ner that the poor may be taught gratis ; and the arts and 
sciences are to be promoted in one or more seminaries of 
learning. 

Amendments are proposed by a majority of all the members 
elected to each branch of the legislature, and agreed to in 
like manner by the next legislature, and ratified by a ma¬ 
jority of the electors who shall vote thereon. If there are 
more amendments than one, they must be voted on sepa¬ 
rately ; and no amendments may be submitted to the elec¬ 
tors oftener than once in five years. 


DELAWARE. 

The first constitution of this state was adopted in 1776 ; 
the present, in 1831. It has received several amendments. 

Legislature. A senate and house of representatives, called 
the general assembly. Representatives are chosen in counties 
for two years. They must be twenty-four years of age ; 
must have been citizens and inhabitants of the state three 
years next preceding the first meeting of the legislature 
after their election, and of the county, one year Senators 



CITIZEN’S MANUAL, 


320 

are elected in the several counties for four years : the num¬ 
ber not to be greater than one-half, nor less than one-third 
of the number of representatives. A senator must be 
twenty-seven years of age, possess a freehold estate in the 
county of two hundred acres of land, or an estate in real 
and personal property, or in either, worth $5,000 at least; 
and have been a citizen and an inhabitant of the state three 
years, and the last year of the county for which he is chosen. 

Bills are not submitted to the governor in this state, but 
are laws when passed by both houses. The legislature 
meets biennially on the 1st Tuesday in January. 

Executive. The governor is elected for four years, and is 
not eligible a second time. He must be thirty years of age, 
and have been a citizen and an inhabitant of the United 
States twelve years, and the last six years of that term an 
inhabitant of the state. No lieutenant-governor. 

A secretary of state is appointed by the governor during 
his continuance in office. A state treasurer is appointed 
biennially by the house of representatives, with the concur¬ 
rence of the senate. [By this mode of election, the two 
houses do not meet in joint convention, as in certain other 
states ; but they act separately, as in passing laws ; a 
majority of each house being necessary to an appointment.] 

Judiciary. The following courts are held by five judges, 
of whom one is chancellor of the state, and holds the court 
of chancery, and is president of the orphan’s court. Of the 
other four, one is chief-justice of the state ; the other three 
are associate justices, one of them to reside in each county. 

The superior court consists of the chief-justice, and two 
associate judges ; but no associate judge may sit in the 
county in which he resides. The court of general sessions 
of the peace and jail delivery is composed of the same 
judges, and in the same manner, as the superior court. The 
court of oyer and terminer consists of all the judges except 
the chancellor, and exercises the jurisdiction vested in the 
courts of oyer and terminer and general jail delivery. The 
court of errors and appeals issues writs of error to the 
superior court, receives appeals from the court of chancery, 
and determines finally all matters in error in the judgments 
and proceedings of the superior court. The court of errors 
and appeals upon a writ of error to the superior court, con¬ 
sists of the chancellor and two of the other judges. In 


SYNOPSIS 0]£ THE STATE CONSTITUTIONS. 


321 


other cases it is differently constituted. The orphans’ 
court in each county is held by the chancellor and the asso¬ 
ciate judge residing in each county. The register’s court 
in each county is held by the registers of the several 
counties. Judges of the above courts are appointed by the 
governor, and hold during good behavior. They may be 
removed by the governor on the address of two-thirds of all 
the members of each branch of the general assembly. 

In pursuance of the power vested in the legislature to 
establish inferior courts, a court of common pleas is estab¬ 
lished in each county. 

A competent number of justices of the peace in each 
county are appointed by the governor for seven years, and 
are removable by him on address of the legislature. 

The sheriff and coroner of each county are chosen by the 
citizens thereof, for two years ; but the sheriff may not be 
chosen twice in any term of four years. The legislature 
may vest the appointment of sheriffs and coroners in the 
governor ; but no person may be appointed sheriff twice in 
any term of six years. The attorney-general, registers, and 
prothonotaries are appointed for five years, and are remova¬ 
ble by the governor on address of the legislature. 

Electors. Free male citizens twenty-two years of 

age, having resided in the state one year, and the last 
month thereof in the county where they offer to vote, and 
having within two years paid a county tax assessed at 
least six months before the election. All male citi¬ 

zens twenty-one years of age and under twenty-two, having 
so resided, may vote without payment of any tax. Electors 
are privileged from arrest during attendance on elections, 
and in going to and returning from them, except in cases 
of crime. 

Amendments to the constitution are proposed by two-thirds 
of each house of the legislature, with the approbation of the 
governor, and ratified by three-fourths of each branch at 
the first session held after the next election of representa¬ 
tives. A convention to amend may be called by the legis¬ 
lature, in pursuance of the sense of the people expressed at 
a previous election. 


322 


CITIZEN’S MANUAL 


MARYLAND. 

A constitution was adopted in It76, which continued until 
1851, when the present one was adopted. 

Electors. Every male citizen twenty-one years ot 

age, having resided one year in the state, and six months 
in the county in which he offers to vote, may vote in the 
ward or election district in which he resides. 

Executive. The governor is elected for four years. He 
must be thirty years of age ; have been five years a citizen 
of the United States, and five years a resident of the state, 
and for three years a resident of the district from which he 
is elected. In case of vacancy, the general assembly elects 
some resident of the same district to be governor for the 
residue <5f the term. If the vacancy happens during the 
recess of the legislature, the president of the senate serves 
until the next session. There is a lieutenant-governor. 

A secretary of state is appointed by the governor and 
senate, during the official term of the governor. A con¬ 
troller of the treasury is chosen by the electors of the 
state, for two years ; and a treasurer and a state librarian 
are appointed by the legislature on joint ballot at each 
.session. 

Legislature. A senate and a house of delegates, styled, the 
general assembly. Senators, one from each county and the 
city of Baltimore, are elected for four years, one-half every 
two years. A senator must be twenty-five years of age, 
and a citizen, and must have resided three years in the 
state when elected, and a year in the county or city which 
he is to represent. Delegates are eligible at the age of 
twenty-one years ; other qualifications the same as those 
of senators. They are elected for two years, and are ap¬ 
portioned among the counties according to population ; 
the city of Baltimore to have four more delegates than the 
most populous county, and no county to have less than two 
delegates ; the whole number not to be more than eighty, 
nor less than sixty-five. 

The legislature meets on the first Wednesday of January, 
rand is required to close its regular sessions on the 10th day 


SYNOPSIS OF THE STATE CONSTITUTIONS. 323 

of M&rch next ensuing, unless both houses agree to adjourn 
at an earlier day. Bills must pass each house by a majority 
of all the members elected ; and when so passed and sealed 
with the great seal, the governor is required to sign them 
in the presence of the presiding officers and chief clerks of 
both houses. 

Judiciary. The court of appeals consists of four judges, of 
whom one is elected in each of the judicial districts intc 
which the state is divided. One is designated by the gov 
ernor and senate as chief-justice. They must be thirty years 
of age, and have been citizens of the state five years. They 
hold their offices for ten years, and become ineligible at the 
age of seventy years. This court has appellate jurisdiction 
only. There are eight judicial circuits, in each of which, 
except the fifth, is elected a judge, called circuit judge, for 
the term of ten years. The judge of each circuit holds cir¬ 
cuit courts in the several counties within his circuit. A 
circuit judge must have resided five years in the state, and 
two in his judicial circuit. The judges of this court have 
chancery powers. 

There are in the city of Baltimore, a court of common 
pleas, and a superior court, each of which consists of one 
judge elected for ten years ; also a criminal court, held by 
a judge elected by the electors. And there are, in the city 
of Baltimore, and in each county, an orphans’ court, con¬ 
sisting of three judges elected by the people for four years, 
and a register of wills, chosen for six years. Judges of the 
higher courts are removable by the governor on address by 
the legislature. 

Justices of the peace and constables, the number to be 
fixed by the legislature, are elected for two years in each 
ward of the city of Baltimore, and in each election district 
in the several counties. 

A sheriff is elected in each county and the city of Balti¬ 
more. The person having the highest number of votes is 
commissioned by the governor ; if two have an equal num¬ 
ber, the governor may choose either of them. If a vacancy 
happens in the office, the governor commissions the person 
having had the next highest or equal number of votes 
Sheriffs are ineligible for the next two years. 

A state’s attorney is elected for four years in each county 
and the city of Baltimore. 


324 


CITIZEN’S MANUAL 


Amendments. The constitution can be amended only by a 
convention, called by the legislature in pursuance of a vote 
of the people to be taken after each United States census. 

Miscellaneous Provisions. Co .’porations may be formed only 
under general laws, except for municipal purposes, and in 
cases where the object of the corporation can not be attained 
without a special act. Lotteries are to cease after 1859. 
Duelists are disqualified for office. Members of the legisla¬ 
ture are paid four dollars a day, and mileage ; the presiding 
officers of each house an additional dollar each. Ministers 
of the gospel may not be elected to the legislature. The 
contracting of state debts exceeding $100,000 at any time 
is prohibited ; and no debts may hereafter be contracted, 
unless provision is made for collecting taxes to pay them 
within fifteen years. Stockholders of banks are hereafter 
to be made individually liable to the amount of their 
respective shares. 


VIRGINIA. 

A constitution was adopted in 1776 ; another in 1830; 
the present in 1851, but has been amended since. 

Electors. Every male citizen, twenty-one years of age, 
who has been a resident of the state two years, and of 
the county, city, or town where he offers to vote, one year, 
is a qualified elector. In all elections votes are to be given 
openly, or viva voce. Dumb persons only may vote by ballot. 

Legislature. The two branches are called general assembly 
The house of delegates consists of one hundred and fifty- 
two members, elected biennially in the several counties and 
election districts, each district comprising one or more coun¬ 
ties ; but the districts are of unequal population, and not 
the same number of delegates is apportioned to each dis¬ 
trict. The senate consists of fifty members elected for four 
years, one-half to be elected every two years. The state is 
divided into fifty districts, in each of which one senator is 
chosen. Apportionments of members of both houses are to 
be made every ten years. Delegates are eligible at the 



SYNOPSIS OF TUB STATE CONSTIT JTIONS. 305 

age of twenty-one years ; senators at the age of twenty- 
five. 

Legislature meets once in two years. No session may 
continue longer than ninety days, without the concurrence 
of three-fifths of all the members elected to each house, in 
which case the session may be extended for a further pe¬ 
riod, not exceeding thirty days. Bills, to become laws, do 
not require the governor’s approval. 

Executive. The governor is elected for four years, and is 
ineligible for the next term. He must be thirty years of 
age, a native citizen of the United States, and have been a 
citizen of Virginia five years next preceding his election. 
A lieutenant-governor, who presides in the senate, but has 
no vote. 

A secretary of the commonwealth, a treasurer and an 
auditor of public accounts, are elected for two years by the 
joint vote of the two houses. An attorney-general is elected 
by the voters of the state, for four years, at every election 
for governor. 

Judiciary . A supreme court of appeals, district courts, and 
circuit courts. The state is divided into twenty-one judicial 
circuits, ten districts, and five sections. A judge for each 
circuit is elected for eight years, who holds circuit courts 
in the several counties composing his district. A judge of 
one circuit may be authorized to hold courts in another cir¬ 
cuit. A district court is held by the judges constituting 
the section and the judge of the supreme court of appeals 
for the seotion to which the district belongs. The supreme 
court of appeals consists of a judge elected in and for each 
of the five sections, for twelve years. Judges may be re¬ 
moved by the general assembly. A county court is held 
monthly in each county, by not less than three nor more 
than five justices, except when the law shall require a 
greater number. Each county is divided into districts, in 
each of which four justices of the peace are elected for four 
years. The justices so elected choose one of their own 
body as presiding justice of the county court. 

There are elected in each county, a clerk of the county 
court and a surveyor, for six years ; an attorney for four 
years ; a sheriff for two years ; and constables and over¬ 
seers of the poor as may be prescribed by law. 

Amendments. The constitution contains no specific provision 


326 


CITIZEN’S MANUAL. 


for its amendment. The last two constitutions have been 
framed by conventions authorized by acts of the legisla¬ 
ture, and were ratified by the electors of the state. 

Miscellaneous JProvisions. The privilege of the writ of 
habeas corpus may not be suspended, except in case of 
invasion or rebellion. No new county may be formed 
with an area of less than 600 square miles. No law is 
permitted to embrace more than one subject, which must 
be expressed in the title. The legal rights of ecclesiastical 
bodies remain unchanged by the late civil war. A capita¬ 
tion or poll tax, equal to the tax assessed on land of the 
value of $200, is to be levied on every male of the age of 
twenty-one years ; one-half to be applied to the purposes 
of education in primary and free schools. No debts may 
be contracted by the state on a credit of more than thirty- 
four years. Lotteries hereafter are prohibited. 

The faith of the state shall not be pledged for the debts 
of any company or corporation. Loans may not be con¬ 
tracted, nor certificates of debt or bonds of the state issued, 
for a longer period than thirty-four years. 


NORTH CAROLINA. 

This state adopted a constitution in 1776, which was 
amended by a convention in 1835 and 1871. 

Legislature. A senate and a house of commons, denomi¬ 
nated the general assembly. The senate consists of fifty 
members, chosen biennially, by districts, one in each dis^ 
trict. The districts are laid off in proportion to the aver¬ 
age amount of public taxes paid by the citizens during the 
five years preceding. Senators must have resided within 
their respective districts a year, and have possessed during 
that time, and continued to possess, within their districts, 
not less than 300 acres of land. The house of commons is 
composed of one hundred and twenty members, chosen 
biennially, and apportioned among the counties according 
to population, each member having resided in his county 
at least a year previously. In making the apportionment 
aliens and Indians not taxed are excluded. Each county 



SYNOPSIS OF THE STATE CONSTITUTIONS. 


327 

has at least one representative, though not possessed of 
the ratio of apportionment. 

The legislature meets biennially on the 3d Monday in 
November. Bills passed by both houses are laws without 
being presented to the governor. 

Executive. A governor is elected every four years, and is 
eligible only four years in any term of eight years. He 
must be thirty years of age ; must have been a resident 
of the state five years ; and must have in the state a free¬ 
hold of the value of $5,000. There is also a lieutenant- 
governor. 

There is a council of state consisting of seven persons, 
to advise the governor in the execution of his office; a, 
secretary of state; and a treasurer; all of whom are chosen 
by joint vote of the two houses, at each session, for two 
years. An attorney-general is chosen in the same manner 
for four years, unless for certain reasons the term shall be 
altered. 

Judiciary. The judicial power is vested in judges of the 
supreme court, judges of the superior courts, judges of ad¬ 
miralty, and justices of the peace. The judges are appoint¬ 
ed by the general assembly, by joint ballot, and hold their 
offices during good behavior. Justices of the peace, within 
their respective counties, are recommended to the governor 
by the representatives in general assembly, and are com¬ 
missioned by the governor, and hold during good behavior. 

Electors. Male citizens of the age of twenty-one years, 
having been inhabitants of the state one year, and paid 
public taxes, are electors. Voters for senators are required 
also to own a freehold of fifty acres of land. 

Amendments. A convention for making amendments 
may be called by the general assembly, two-thirds of all 
the members of each house concurring. Propositions for 
amendments may be made by three-fifths of the whole 
number of members of each house; and they become 
amendments when agreed to by a majority of two-thirds of 
the whole representation in each house of the next general 
assembly, and ratified by the qualified voters of the state. 

Other Provisions. The legislature is required to estab¬ 
lish schools, with such salaries to the masters, paid by the 
public, “ as may enable them to instruct at low prices ; ” 
and all useful learning shall be duly encouraged and pro- 


328 


CITIZEN’S MANUAL. 


moted in one or more universities. Atheists, infidels, or 
persons denying the divine authority of the Old or New 
Testament, or holding religious principles incompatible 
with the freedom or safety of the state, are ineligible to 
civil office. Clergymen, or preachers of the gospel, are 
ineligible as members of the legislature or of the council 
of state. No person fighting or assisting in a duel shall 
hold office in the state. No one can hold more than one 
lucrative state office at a time. The seat of government 
is permanently fixed at Raleigh. 


SOUTH CAROLINA. 

The first constitution of this state was formed in 1775 ; 
the present one in 1790. The only essential amendments 
which it has received, were made in 1808, and 1872. 

Legislature . A general assembly , consisting of a senate 
and a house of representatives. The house is composed 
of one hundred and twenty-four members, elected for two 
years in districts, and apportioned according to the number 
of all inhabitants and the amount of taxes paid therein ; 
one representative being allowed for every sixty-second 
part of the number of all inhabitants of the state, and one 
for every sixty-second part of the whole taxes raised by 
the legislature ; and there must be at least one representa¬ 
tive to every district. A representative must be an 
elector twenty-one years of age ; must have been*a resi¬ 
dent citizen of the state one year ; and a resident of the 
election district for a period of at least three months prior 
to his election. He must not have been convicted of any 
infamous crime against the laws of the state or of the 
nation during his residence. The senate is composed of 
forty-five members, elected by districts ; each district, 
except one, being represented by one senator. Senators 
are chosen for four years, one-half of them every two 
years. A senator must be thirty years of age, and have 
been a citizen and resident of the state five years. Similar 
restrictive conditions exist in regard to the eligibility of 
senators as those mentioned in regard to representatives. 
The election occurs the third W ednesday in October. 



SYNOPSIS OF THE STATE CONSTITUTIONS. 


329 


Bills become laws when passed by both houses, signed 
by their presiding officers, and sealed with the great seal 
of the state. 

Executive . The governor and lieutenant-governor are 
chosen by the legislature, for two years. To be eligible 
to either office, a person must be thirty years of age ; 
must have been a resident citizen of the state ten years ; 
and must have a settled freehold within the state of the 
value of 7,500 dollars, clear of debt. A governor is in¬ 
eligible for the next four years after the expiration of his 
term. 

Commissioners of the treasury, the secretary of state, and 
the surveyor-general, are elected by joint ballot of both 
houses, for the term of four years, and are ineligible for the 
next four years. 

Judiciary . The judicial power is vested in such superioi 
and inferior courts of law and equity as the legislature may 
establish. The judges are appointed by the legislature 
during good behavior. 

Electors. Every free male citizen, twenty-one years 

of age, is a voter, if he has resided in the state two years 
and owns a freehold of 50 acres of land, or a town lot, which 
he has owned six months ; or, not having such freehold or 
town lot, has resided six months in the election district, 
and paid a tax the preceding year of three shillings sterling. 

Amendments to the constitution may be made by a conven¬ 
tion called by two-thirds of both branches of the whole 
representation. Alterations may also be made by like 
majorities of two successive legislatures. 

Other Provisions. Religious freedom is established. Min¬ 
isters of the gospel are ineligible to the office of governor, 
lieutenant-governor, or to the legislature. 


GEORGIA. 

A constitution of this state was formed in HIT ; a second 
in 1185 ; the present one was formed in 1198, and amended 
in 1839 and 1844. 

Legislature. A senate and a house of representatives, styl ed, 



330 


CITIZEN’S MANUAL. 


the general assemblg. The members of both houses are 
elected biennially. The representatives are apportioned 
among the counties according to the population, includ¬ 
ing all the inhabitants. Qualifications : age, twenty-one 
years ; citizenship, seven years ; inhabitant of the state 
three years, and of the county, one year. Senators are 
elected in districts, and must be twenty-five years of age ; 
have been citizens nine years; inhabitants of the state 
three years, and of the district one year. 

Legislature meets biennially, the 1st Monday in Novem¬ 
ber. Bills rejected by the governor, if again passed by two- 
thirds of both houses, become laws. Also bills not returned 
within five days, become laws, unless their return is pre¬ 
vented by adjournment. 

Exeiutive. The governor is elected for two years. He 
must be thirty years of age ; have been a citizen of the 
United States twelve years, and of the state six years. No 
lieutenanbgovernor. 

A secretary of state, a treasurer, and a surveyor-general, 
are elected for two years. 

Judiciary. A supreme court for the correction of errors, 
to consist of three judges chosen by the legislature for six 
years, one every two years ; a superior court, whose judges 
are elected in their several circuits for four years ; inferior 
courts, one in each county, consisting of five judges elect¬ 
ed by the people ; and justices of the peace elected for four 
years. The clerks of the superior and inferior courts are 
elected by the people in their respective districts and 
counties. 

Sheriffs are elected for two years, but may not be twice 
elected within any period of four years. 

Electors are required to be male citizens and inha¬ 

bitants of the state, twenty-one years of age ; to have resi¬ 
ded in the county six months ; and to have paid all the 
taxes required of them, and which they have had opportu¬ 
nity of paying, for the year preceding the election. 

Amendments may be made by two successive legislatures, 
two-thirds of both houses concurring. 

Miscellaneous Provisions. The legislature is required to aid 
in establishing seminaries for the promotion of the arts and 
sciences, and to provide for the improvement and security 
of the funds and endowments of such institutions. Persons 


SYNOPSIS OF THE STATE CONSTITUTIONS. 331 


conscientiously opposed to bearing arms may pay an 
equivalent and thus be exempt from militia duty. A 
thorough system of free education is established. 


KENTUCKY. 

This state was admitted into the union in It92. Its first 
constitution, however, was adopted in 1790 ; another, in 
1799 ; and the present in* 1850. 

Legislature. A house of representatives and a senate, styled, 
the general assembly. The house consists of one hundred re¬ 
presentatives elected for two years, and apportioned among 
the counties according to the number of qualified voters. 
A representative must be twenty-four years of age, a citi¬ 
zen of the United States, and have resided in the state two 
years, and one year in the county for which he is chosen. 
When a city or town has a sufficient number of qualified 
voters, it may elect one or more representatives. The 
senate consists of thirty-eight members, one to be elected 
in each district, for four years, one-half every two years. 
Their qualifications are, age thirty years, residence in the 
state six years, and in the district one year. 

Sessions of the legislature are held biennially, on the 1st 
Monday in November. Bills vetoed by the governor, if 
passed again by a majority of all the members elected to 
each house, become laws. Also if not returned by him 
within ten days, unless the return is prevented by adjourn¬ 
ment ; in which case they become laws, unless sent back 
within three days after the commencement of the next ses¬ 
sion. 

Executive. The governor is elected for four years, and is 
ineligible for the next four years. Qualifications : age, 
thirty-five years, citizenship ; and residence in the state six 
years. A lieutenant-governor, qualified and elected as the 
governor. 

A treasurer, for two years, and an auditor of public ac¬ 
counts, a register of the land-office, and an attorney-general, 
for four years, are elected by the electors of the state. 

Judiciary. A supreme court, styled court of appeals, circuit 



332 


CITIZEN’S MANUAL. 


courts, county courts, courts held by justices of the peace, 
and such other courts inferior to the supreme court, as the 
legislature may establish. The court of appeals consists of 
four judges, one to be elected in each district for eight 
years, in such rotation that one may be elected every two 
years. If the number shall be changed, the principle of 
electing one judge every two years is to be preserved. A 
clerk of this court is chosen for eight years by the electors 
of the state. A circuit court is established in each county, 
to be held by a district judge, the state being divided into 
twelve judicial districts, and a judge elected in each, for six 
years. The number of districts may be increased, but may 
not exceed sixteen, until the population shall exceed 1,500,- 
000. Qualifications the same as those of the judges of ap¬ 
peals. In each county is a county court, composed of a 
presiding judge and two associate judges, elected for four 
years. They must have resided in the county one year. 

For the election of justices of the peace, each county is 
divided into districts of convenient size, in each of which 
two justices are elected for four years, and a constable for 
two years ; all having jurisdiction throughout the county. 
There are also elected, a state’s attorney for each judicial 
district, a circuit court clerk for each county, and a county 
court clerk, an attorney, a surveyor, a coroner, and a jailer, 
for each county, for the same term as that of the presiding 
judge of the county court; and a sheriff for two years, who 
shall be reeligible for a second term ; but shall not be reeli- 
gible, nor act as deputy, for the succeeding term. 

Electors. Every free male citizen, twenty-one years 

of age, who has resided in the state two years, and in tho 
county, town, or city, in which he offers to vote, one year, 
and in the precinct in which he offers to vote, sixty days, 
may vote in such precinct, and not elsewhere. 

Amendments by conventions only are provided for. But 
no conventions may be called by the legislature, until a 
majority of all the voters of the state shall have voted at 
two successive elections in favor of calling a convention. 

Miscellaneous Provisions. Laws provide for the exclu¬ 
sion from office and suffrage of those convicted of bribery, 
perjury, forgery or other high crimes and misdemeanors. 
The laws regulating elections also prohibit undue influence 
from power, bribery, tumult or other improper practices. 


SYNOPSIS OF THE STATE CONSTITUTIONS. 333 

Absence on account of public business does not forfeit 
legal residence. Any person fighting or assisting in a 
duel forfeits the right to hold office, and may be other¬ 
wise punished. The general assembly tries all cases of 
contested elections. Clergymen, or teachers of any re¬ 
ligious persuasion, are not eligible to the general assembly. 
The capital of the common school fund, consisting of 
nearly a million and a half dollars, is inviolably pledged to 
the support of a system of common schools. A superinten¬ 
dent of public instruction is elected for four years, at the 
time of electing the governor. 


TENNESSEE. 

This state was admitted into the union with its first con¬ 
stitution in 1796. The present one was formed in 1835. 

Legislature. A general assembly, consisting of a senate 
and a house of representatives. Representatives are ap¬ 
portioned among the several counties or districts according 
to the number of qualified voters in each, and are not to 
exceed seventy-five, until the population of the state shall 
be 1,500,000, and may never exceed ninety-nine. They are 
eligible at the age of twenty-one, and must have been citi¬ 
zens of the state three years, and residents of the counties 
they represent, one year. Senators are apportioned as 
representatives ; the number not to exceed one-third of the 
number of representatives. They are elected for two years, 
and are eligible at the age of thirty years ; otherwise quali¬ 
fied as representatives. 

General assembly meets biennially on the first Monday in 
October. Bills passed by the legislature are not presented 
to the governor for approval. Two-thirds of each house 
constitute a quorum. 

Executive. The governor is elected every two years, at the 
time of the election of the members of the legislature. He 
may not hold the office more than six years in any term of 
eight years ; must be thirty years of age, a citizen of the 
United States ; and have been a citizen of the state seven 
years. 



334 


CITIZEN’S MANUAL. 


A secretary of state is elected by joint vote of the general 
assembly, for the term of four years ; and a treasurer or 
treasurers, for two years. 

Electors. Every free man of the age of twenty-one 
years, a citizen of the United States, and a citizen of the 
county six months; including male persons of color, 
twenty-one years of age, who are competent witnesses in 
a court of justice against a white man. 

Judiciary. A supreme court, and such inferior courts as 
the legislature may establish, and courts held by justices 
of the peace. The supreme court consists of three judges, 
one in each of the grand divisions of the state, and has ap¬ 
pellate jurisdiction only, except in certain cases. Its j udges 
are elected for twelve years, and are eligible at thirty-five. 
Judges of inferior courts are elected for eight years, and 
are eligible at thirty. For the election of justices of the 
peace, each county is divided into districts of convenient 
size, in each of which are elected two justices and one con¬ 
stable. A district containing a county town may elect 
three justices and two constables. Their jurisdiction ex¬ 
tends throughout the county. 

Attorneys for the state are elected by joint vote of both 
houses of the general assembly, for six years. 

There are elected in each county by the electors, one 
sheriff, for two years, who is eligible six years in any term 
of eight years ; one trustee for two years ; and one register 
for four years. And the justices of the peace in each county 
elect one coroner and one ranger, for two years. 

Education. The comrnon school fund, and all lands and 
other property now and hereafter appropriated for the use 
of common schools, are to remain a perpetual fund for this 
purpose, the principal of which may never be diminished ; 
and the interest is to go to the support of common schools, 
for the equal benefit of all the people of the state. And if 
hereafter there shall be any division of the public lands of 
the United States, or of the money arising from the sales 
thereof, the share coming to this state is to be devoted to 
the purposes of education and internal improvement. 

Amendments to the constitution are proposed by a majority 
of all the members elected to each of the two houses, and 
must be approved by two-thirds of all the members elected 


SYNOPSIS OF THE STATE CONSTITUTIONS. 335 

to each' house of the next legislature, and ratified by a ma¬ 
jority cf the votes of all the voters for representatives. 

Miscellaneous Provisions. A state census is to be taken 
every ten years The legislature is required to pass laws 
exempting from military duty persons belonging to any re¬ 
ligious sect known to be opposed to bearing arms. Minis¬ 
ters of the gospel are ineligible to a seat in the legislature. 
Atheists and persons denying a state of future rewards and 
punishments, may not hold civil offices. Dueling, and being 
in any way concerned in a duel, or in challenging to fight 
a duel, is a punishable offense, and disqualifies the offender 
for any office of honor or profit in the state. 


OHIO. 

The first constitution of this state was adopted in 1802, 
preparatory to her admission into the union. The present 
constitution was adopted in 1851. 

Legislature. General assembly , a senate and house of repre¬ 
sentatives. Senators and representatives are elected bien¬ 
nially jn their respective counties or districts. They must 
have resided in the same one year. The ratio of represen¬ 
tation in the house is ascertained by dividing the whole 
population of the state by the number one hundred ; the 
quotient being the ratio for the next ten years. Every 
county having a population equal to one-half of the ratio is 
entitled to one representative ; every county containing the 
ratio and three-fourths over, two representatives ; counties 
containing three or more times the ratio, are not allowed a 
representative on any fraction. But a fraction not less than 
one-fifth of the ratio, is allowed a representative a propor¬ 
tional part of the ten years for which the apportionment is 
made. The ratio for a senator is ascertained by dividing 
the whole population by the number thirty-five. The same 
rule applies to the representation of fractions in senatorial 
districts as is applied to fractional representation in repre¬ 
sentative districts. 

The legislature meets biennially on the 1st Monday of 



336 


CITIZEN’S MANUAL. 


January. Bills passed by both houses are laws without 
being submitted to the governor. 

Executive. The executive department consists of a gov¬ 
ernor, a lieutenant-governor, a secretary of state, an auditor, 
a treasurer, and an attorney-general; all of whom are 
elected for two years, except the auditor, for four years. 
The supreme executive power is vested in the governor. 

Judiciary. A supreme court, district courts, courts of com¬ 
mon pleas, courts of probate, justices of the peace, and such 
other courts inferior to the supreme court in one or more 
counties, as the general assembly may establish. The su¬ 
preme court consists of five judges chosen by the electors 
of the state at large. It holds at least one term in each 
year at the seat of government, and such other terms there 
or elsewhere as may be prescribed by law. The judges are 
elected for five years, one every year. The number may 
be increased or diminished by the legislature. The district 
courts are composed of one of the judges of the supreme 
court, and the judges of the court of common pleas of the 
respective districts ; and are held in each county therein, 
at least once in each year ; or, if deemed inexpedient to 
hold such court annually in each county, the legislature 
may provide that three annual sessions, in not less than 
three places, may be held in each district. 

The state is divided into nine common pleas districts ; 
and each of them, consisting of three or more counties, is 
subdivided into three parts, in each of which one judge of 
the court of common pleas for the district is elected by the 
electors of said subdivisions. Courts of common pleas are 
held by one or more of these judges in every county in the 
district. The probate court of each county is held by a 
judge elected for three years. Justices of the peace, a com¬ 
petent number, are elected in each township, for three years 

A sheriff is elected in each county, and is not eligible for 
more than four years in any period of six years. 

Electors. Males, twenty-one years of age, having 

resided in the state one year, and in the county, township, 
or ward, such time as the law shall prescribe. 

Education. The principals of all funds for educational and 
religious purposes are to be preserved inviolate and undi¬ 
minished ; and the income is to be faithfully applied to these 
specific objects. The general assembly is required to make 


SYNOPSIS OF THE STATE CONSTITUTIONS. 


337 


such further provision, by taxation or otherwise, as will se¬ 
cure a thorough and efficient school system throughout the 
state. 

State Debts. The state may contract debts to supply 
casual deficits or failures in revenues, or to meet expenses 
not otherwise provided for, to the amount of $750,000, and 
no more ; also debts to repel invasion, suppress insurrec* 
tion, defend the state in war, or to pay present indebtedness ; 
but no other debt may hereafter be created by the state. Nor 
may the state loan its credit ; nor assume the debts of any 
county, city, town, or township, or of any corporation ; nor 
become a joint owner or stockholder in any company or as¬ 
sociation. Nor may any county, city, town, or towmship, 
be authorized, by vote of its citizens, to become such stock¬ 
holder, or to loan its credit to any company or association. 

Amendments to the constitution are proposed by three-fifths 
of all the members elected to each house, and ratified by a 
majority of the voters voting thereon at an election. Or 
the question of calling a convention may be submitted to 
the electors, whenever two-thirds of all the members of each 
house shall think it necessary ; and if a majority of the 
electors voting shall vote for a convention, the legislature 
shall provide for calling the same. Every twentieth year, 
the question of calling a convention is required to be sub¬ 
mitted to the electors. 


LOUISIANA. 

This state was admitted into the union in 1812, with a 
constitution formed the same year. In 1845, a second con¬ 
stitution was adopted ; and in 1852, the present one. 

Legislature. A senate and a house of representatives, 
together, styled the general assembly. Representatives are 
elected for two years, in the several parishes, (corresponding 
to counties in other states ;) each parish to have at least 
one representative ; and are apportioned according to popu¬ 
lation. The number is not to exceed one hundred, nor to be 
less than seventy. Senators are chosen in districts, for four 



338 


CITIZEN’S MANUAL. 


years, one-lialf every two years, and apportioned among’ the 
districts according to population. The number of senators 
is thirty-two ; and no parish is to be allowed more than five 
senators. Every duly qualified elector is eligible to a scat 
in either house. 

Legislature meets annually. Bills negatived by the gov¬ 
ernor must, to become laws, be passed by majorities of two- 
tliirds of all the members elected to each house. Also, if 
not returned by the governor within ten days, they become 
laws, unless their return is prevented by adjournment; in 
which case they will be laws, if not sent back within three 
days after the commencement of the next session. 

Executive. The governor, is elected for four years, and is 
ineligible the next four years. His qualifications are, age, 
twenty-eight years ; citizenship and residence in the state, 
four years. A lieutenant-governor. 

A secretary of state and a treasurer are elected by the 
electors ; the former for four years, the latter for two years. 

Judiciary. A supreme court and such inferior courts as the 
legislature may establish, and justices of the peace. The 
supreme court is composed of a chief-justice and four asso¬ 
ciate justices ; the former elected by the electors of the state 
at large ; the latter in their respective districts. The judges 
are elected for ten years ; one of the five every two years. 
Judges of the inferior courts are elected in their respective 
parishes or districts. Justices of the peace are elected for 
two years by the electors in each parish, district, or ward. 

An attorney-general and a requisite number of district- 
attorneys, are elected for four years ; the former by the 
electors of the whole state ; the latter in their respective 
districts. 

A sheriff and a coroner are elected in each parish, for two 
years. 

Electors . Free males twenty-one years of age, citi¬ 

zens of the United States two years, and residents of the 
state one year, and in the parish six months. An elector 
removing from one parish to another, may vote in the for¬ 
mer until he shall have become a voter in the latter. 

Amendments are proposed by two-thirds of all the members 
of each house, and ratified by a majority of the electors 
voting thereon at the next general election. 

Miscellaneous Provisions. The state may not subscribe for 


SYNOPSIS OF THE STATE CONSTITUTIONS. 


339 


the stock of, nor make a loan to, nor pledge its faith for the 
benefit of, any corporation or joint stock company, except 
to aid companies or associations formed for the purpose of 
internal improvement, wholly or partially within the state ; 
but debts and liabilities incurred for these purposes may 
not at any one time exceed eight millions of dollars. Banks 
must give ample security for the redemption of their bills ; 
and bill-holders of insolvent banks have preference in pay¬ 
ment over other creditors. A board of public works, con¬ 
sisting of four commissioners, one in each district, are 
elected for four years ; two every two years. A superin¬ 
tendent of public education is elected for two years. The 
general assembly is required to establish free public schools 
throughout the state, and to provide for their support by 
general taxation or otherwise. The proceeds of the lands 
granted by the United States, or which may hereafter be 
granted or bequeathed to the state, and of the United States 
deposit fund, are to be a perpetual fund, the interest of 
which is to go to the support of schools. 


INDIANA. 

This state formed a constitution, and was admitted into 
the union, in 1816. The present constitution was adopted 
in 1851. 

Electors. Male citizens, twenty-one years of age, 

having resided in the state six months, may vote in the 
township or precinct in which they reside. Also foreigners 
who have resided in the United States one year, and in the 
state six months, and have declared their intention to be¬ 
come citizens. 

Legislature. A general assembly, consisting of a senate and a 
house of representatives. The number of senators may not 
exceed fifty ; the number of representatives may not exceed 
one hundred ; both to be chosen in their respective counties 
or districts, and apportioned according to the number of 
white male inhabitants twenty-one years of age in each. A 
new enumeration and apportionment are to b*\ ma^e every 




340 


CITIZEN’S MANUAL 


six years. Qualifications : citizens of the state two years ; 
of the county or district, one year. Senators are elected 
for four years, one-half every two years, and must be twenty- 
five years of age. Representatives are chosen for two years, 
and are eligible at twenty-one. 

Sessions of the legislature held bbnnially, commencing 
on Thursday next after the first Monday of January. Quo¬ 
rum, two-thirds. Bills are passed by a majority of all the 
members elected to each house ; and if not approved by the 
governor, they become laws by being again passed by the 
same majorities. If a bill is not returned by the governor 
within three days, it is a law, unless its return is prevented 
by adjournment; in which.case it will be a law, unless the 
governor, within five days after the adjournment, shall file 
the bill, with his objections, in the office of the secretary of 
state, who shall lay the same before the general assembly 
at the next session, in like manner as if it had been returned 
by the governor. But bills may not be presented to the 
governor within two days previous to the adjournment. 

j Executive. The governor is elected for four years ; is eligi¬ 
ble only four in any period of eight years. Qualifications : 
age, thirty years ; citizenship, five years ; and residence in 
the state, five years. A lieutenant-governor. 

A secretary of state, an auditor, and a treasurer, are 
elected for two years, and are eligible four years in any pe¬ 
riod of six. 

Judiciary . A supreme court, circuit courts, and such infe¬ 
rior courts as the general assembly may establish. Judges 
of the supreme court, not less than three nor more than five, 
one in each district, are elected by the electors of the state 
at large, for six years. Circuit courts consist of a judge 
for each judicial circuit, chosen by the electors thereof, foi 
six years. A prosecuting attorney also is elected in each 
judicial circuit, for two years. Justices of the peace are 
elected for four years, in the townships. 

There are elected in each county, a clerk of the circuit 
court, an auditor, a recorder, a treasurer, a sheriff, a coroner, 
and a surveyor. The first three hold for four years, and are 
eligible eight years in twelve ; the others hold two years ; 
and the sheriff and treasurer are eligible only four years in 
any period of eight years. 

Amendments must be agreed to by two successive legisla 


SYNOPSIS OF THE STATE CONSTITUTIONS. 341 

tures, a majority of all the members of each house concur* 
ring, and ratified by the electors of the state. 

Education. The school fund is derived from many sources ; 
mainly, however, from the congressional township fund and 
/ands belonging thereto, and the surplus revenue fund, both 
of which have been mentioned. (Chap. XXII.) The school 
fund may be increased, but may never be diminished. The 
general assembly is required to provide by law for a gene¬ 
ral and uniform system of common Schools, open to all, and 
without charge for tuition. Institutions for the education 
of the deaf and dumb, and treatment of the insane, are also 
enjoined ; and houses of refuge for the reformation of juve¬ 
nile offer ders. 

Miscellaneous Provisions. State debts may be contracted 
only to meet casual deficits in the revenue, to pay interest 
on the state debt, to repel invasion, suppress insurrection, 
and to provide for the public defense. Counties may not 
subscribe for stock in any incorporated company, unless the 
same is paid for at the time of subscribing ; nor loan their 
credit to incorporated companies ; nor may the legislature 
assume the debts of any county, city, town, or township, or 
corporation. Banks may be established under a general 
banking law, the payment of their bills to be amply secured. 
A bank with branches may also be established, without 
collateral security, the branches to be mutually responsible 
for each other’s liabilities upon all paper credit issued as 
money. Stockholders are to be individually responsible 
to the amount of their stock. No law may sanction the 
suspension of specie payments. Corporations other than 
banking may be created only by general laws. Negroes 
and mulattoes may not hereafter come into or settle in the 
state. 


MISSISSIPPI. 

In 1817, this state was admitted into the union, with a 
constitution adopted the same year. The present constitu 
tion was formed in 1832 

Electors. Free males, twenty-one years of age ; citi- 



342 


CITIZEN’S MANUAL. 


zens oi the United States ; residents of the state one year, 
and of the county four months. An elector who may hap¬ 
pen to be in any county, city, or town, other than that of 
his residence, or who may have removed to any such place 
within four months preceding an election, may vote for such 
officers as he could have voted for in the county of his resi¬ 
dence, or from which he so removed. 

Legislature. A senate and a house of representatives, 
together styled the legislature. Representatives are elected 
for two years in the several counties, among which they are 
apportioned according to the number of general inhabi¬ 
tants ; the number to be not less than thirty-six, nor more 
than one hundred. They must be twenty-one years of age, 
citizens of the United States, residents of the state two 
years, and one year of the counties for which they are cho¬ 
sen. Senators are elected by districts for four years, one- 
half every two years ; the number to be not less than one- 
fourth, nor more than one-third of the number of represen¬ 
tatives. They must be thirty years of age, citizens of the 
United States, inhabitants of the state four years, and of tbo 
districts they represent, one year. 

The legislature meets biennially. Bills are passed against 
the governor’s veto, by two-thirds majorities. Bills must 
be returned within six days, or they become laws, unless 
their return is prevented by adjournment. 

Judiciary. A high court of errors and appeals, consisting 
of three judges, one in each district, elected for six years, 
and to be thirty years of age ; a circuit court, to be held in 
each county at least twice a year, the judges to be elected 
in their respective judicial districts for four years, and to 
be twenty-six years of age ; a superior court of chancery, 
the chancellor to be elected by the electors of the whole 
state, for six years ; a court of probate in each county, the 
judge to be elected for two years ; a competent number of 
justices of the peace and constables chosen in each county 
for two years. Other inferior courts may be established by 
the legislature. 

An attorney-general is chosen by the electors of the state, 
and a competent number of district-attorneys in their re¬ 
spective districts. A sheriff and one or more coroners are 
elected in each county for two years. 

Executive. The governor is elected for two years ; must 


SYNOPSIS OF THE STATE CONSTITUTIONS. 343 

be thirty years of age ; have been a citizen of the United 
States twenty yea s, and a resident of the state five years ; 
and may not hold the office more than four years in any 
term of six years. No lieutenant-governor. 

A secretary of state, a treasurer and an auditor of pub¬ 
lic accounts, are elected for two years. 

Amendments are proposed by two-thirds of both branches 
of the legislature, and ratified by the people at the next 
election. 

Miscellaneous Provisions. Persons denying the being of a 
God, or a future state of rewards and punishments, are dis¬ 
qualified for civil office. Laws for borrowing money on the 
credit of the state, or pledging the faith of the state for the 
payment of a loan or debt, must be agreed to by two suc¬ 
cessive legislatures : provided, however, that a million and 
a half of dollars may be borrowed and vested in stock re¬ 
served to the state by the charter of the Planters’ Bank. 

The legislature has right to pass laws excluding from 
office all those guilty of forgery, perjury or other high 
crimes and misdemeanors. Lotteries are expressly pro¬ 
hibited by the constitution. No law can be enforced till 
sixty days after its passage. The legislature provides the 
method of filling all vacancies in office, and defining their 
respective powers. The liabilities of all stockholders in 
corporations are limited by the amount of stock. The 
state is prohibited from paying any debt incurred in aid 
of the rebellion. Persons, living as married people, are 
considered legally married. 


ILLINOIS. 

This state was admitted into the union in 1818. A new 
constitution, the present one, was formed in 1841. 

Legislature . General assembly , consisting of a senate and a 
house of representatives. ^Representatives are elected for 
two years ; must be twenty-five years of age ; inhabitants 
of the state three years, and of the county or district one 
year ; and must have paid a state or county tax. Senators 
are elected for four years, "one-half every two years ; must 
be thirty years of age, citizens of the United States ; five 



344 


CITIZEN’S MANUAL 


years inhabitants of the state, and one year in the county 
or district; and must have paid a state or county tax. The 
senate is to consist of twenty-five members ; the house of 
seventy-five. When the population of the state shall amount 
to 1,000,000, five members may be added to the house, and 
five additional members for every 500,000 inhabitants there¬ 
after ; but the number is never to exceed one hundred. One 
senator only is allowed to each senatorial district, and not 
more than three representatives to any representative dis¬ 
trict. Cities and towns having the requisite population, 
maybe erected into separate districts. Apportionments are 
made after each census, taken in 1855, and every ten years 
thereafter. 

Legislature meets biennially on the first Monday of Jan¬ 
uary. Bills are passed against the veto by a majority of all 
the members elected to each house. If not returned within 
ten days, they become laws, unless their return is prevented 
by adjournment ; in which case they must be returned on 
the first day of the meeting of the legislature after the ex¬ 
piration of the said ten days, or be laws. 

Executive. The governor is elected for four years, and is 
eligible only four in eight years. He must be thirty-five 
years of age, and have been a citizen of the United States 
fourteen years, and ten years a resident of the state. A 
lieutenant-governor. 

A secretary of state, and an auditor of public accounts 
are elected for four years, and a treasurer for two years. 

Judiciary. A supreme court, circuit courts, county courts, 
and justices of the peace. Also inferior local courts may 
be established in the cities by the legislature. The supreme 
court consists of three judges, one in each of the three 
grand divisions, elected by the voters thereof, for the term 
of nine years, one judge to be elected every three years ; and 
the judge having the oldest commission, to be chief-justice. 
The legislature may provide for their election by the whole 
state. Circuit judges are elected for six years, one in each 
of the nine judicial districts, the number of which may be 
increased, if necessary. A circuit court is to be held two 
or more terms annually in each county. A judge of the 
county court is elected in each county for four years. He 
has also probate jurisdiction. All judges must be citizens 
of the United States ; must have resided in the state five 


SYNOPSIS OF THE STATE CONSTITUTIONS. 345 

years, and in the district or county two years. Judges of 
the supreme court must be thirty-five years of age ; circuit 
judges thirty years. 

Justices of the peace are elected in each county, by dis¬ 
tricts, for four years. 

A state’s attorney is elected in each judicial circuit, for 
four years ; or, if the legislature shall so direct, in each 
county, for such term as may be prescribed by law. In 
each county a clerk of the circuit court is elected for four 
years, and a sheriff for two years, who is eligible only once 
in four years ; supreme court clerks by the electors in each 
division, for six years. 

Electors. All male citizens, twenty-one years of age, 
having resided in the state one year. The legislature may, 
in case of necessity, levy upon every legal voter under sixty 
years of age, a poll or capitation tax of not less than fifty 
cents, nor more than one dollar. 

Amendments. The question of calling a convention is to be 
submitted to the people by previous recommendation of the 
legislature, concurred in by two-thirds of all the members 
of both houses. If a majority of the electors voting for 
representatives shall vote for a convention, an act shall be 
passed for calling the same. Amendments made without 
calling a convention, must be proposed by one legislature, 
two-thirds of all the members of both houses concurring, 
and approved by the next legislature, a majority of all the 
members of each of the two houses agreeing to the same, 
and ratified by the electors of the state at the next general 
election. 

Miscellaneous Provisions. Corporations not possessing bank¬ 
ing powers, may be formed under general laws ; but not by 
special acts, except for municipal purposes, and when the 
objects of the corporation can not be attained under general 
laws. No state ank may hereafter be created ; nor may 
the state own stock in any banking concern. Stockholders 
in banking associations are individually liable to the amount 
of their respective shares. Acts authorizing such associa¬ 
tions shall not go into effect, unless they have been submit¬ 
ted to the electors of the state, and approved by them at 
an election. A tax of two mills on the dollar shall be col¬ 
lected annually, and kept as a separate fund, for the pay¬ 
ment of state indebtedness, other than canal and school 


346 


CITIZENS MANUAL. 


indebtedness. The corporate authorities of counties, town* 
ships, school districts, cities, towns, and villages, may be 
vested with power to assess and collect taxes for corporate 
purposes. 


ALABAMA. 

This state was admitted into the union in 1819, with its 
present constitution. 

Legislature, called general assembly, consisting of a senate 
and a house of representatives. Representatives are appor¬ 
tioned among the counties according to the number of the 
total inhabitants. Cities or towns having a representative 
population equal to the ratio, may have a separate repre¬ 
sentation. Representatives are chosen biennially ; and 
must be twenty-one years of age, residents of the state two 
years, and of the county, city, or town for which they are 
chosen, one year. Senators are chosen in districts, (one 
in each district,) for four years, one-lialf of them every 
two years ; must be twenty-seven years of age ; residence 
the same as representatives. The number of representa¬ 
tives may not be more than one hundred; the number of 
senators not more than thirty-three. 

Sessions are held annually. Bills are passed against the 
veto, by majorities of all the members elected to each house. 
If a bill is not returned by the governor within five days, 
it is a law, unless its return is prevented by adjournment. 

j Electors. All male citizens, twenty-one years of age, 
having resided in the state one year, and in the county, 
city, or town, three months. 

Executive. The governor is elected for two years, and 
is eligible four years in any term of six years. He must 
be thirty years of age, a native citizen of the United 
States, and a resident of the state four years. There is 
also a lieutenant-governor. 

A secretary of state biennially, and a treasurer and a 
controller of public accounts annually, are chosen by joint 
vote of both houses. 



SYNOPSIS OF THE STATE CONSTITUTIONS. 34? 

Judiciary. A supreme court ; circuit courts, to be held in 
each county ; and inferior courts of law and equity to be 
established by the general assembly. Judges of the su¬ 
preme court and chancellors are chosen by the legislature 
for six years ; judges of the circuit and inferior courts by 
the people, for the same term. A competent number of 
justices of the peace, and a sheriff, are elected in each 
county. 

An attorney-general for the state, and the requisite num¬ 
ber of solicitors, are elected by joint vote of the general as¬ 
sembly, for four years. 

Education. The funds which are raised from the lands 
granted by the United States for the use of schools within 
each township, and from the lands granted for the support 
of a state university, are to be strictly applied to these ob¬ 
jects. 

Banks. One state bank with branches is authorized. 
After the establishment of a state bank, existing banks may 
be admitted as branches thereof. At least two-fifths of the 
capital stock of the state bank must be reserved for the 
state. The state is also to have a proportion of power in 
the direction of the bank, at least equal to its proportion of 
stock therein. The state and the individual stockholders 
are liable, respectively, for the debts of the bank, in propor¬ 
tion to their stock. Banks may not commence operations, 
until half of the capital stock subscribed for is paid in gold 
and silver, which amount is in no case to be less than 
$ 100 , 000 . 

Amendments are proposed by one legislature, approved by 
the electors at the next election for representatives, and 
ratified by the next legislature ; majorities of two-thirds of 
each house being in both cases required. 


348 


CITIZEN’S MANUAL 


MISSOURI 

This state was admitted into the union in 1821 . The 
present constitution was adopted in 1820 . It has been 
several times amended. 

Legislature. A senate and a house of representative, toge¬ 
ther styled the general assembly. Representatives are chosen 
for two years, and are apportioned among the counties ac¬ 
cording to a ratio ascertained by dividing the number of free 
white inhabitants of the state by one hundred and forty. 
A county having said ratio, or less, has one representative ; 
having said ratio and a fraction of three-fourths, two repre¬ 
sentatives. The more populous counties have less repre¬ 
sentatives than one for each such ratio. Representatives 
are to be citizens, twenty-four years of age, residents of the 
state two years, and of the counties or districts they repre¬ 
sent, one year, and to have paid a state or county tax with¬ 
in the year. Senators, not to be less than twenty-five nor 
more than thirty-three, are chosen in single districts, for 
four years, one-half every two years. Qualifications : age, 
thirty years ; residence in the state, four years ; in the 
district, one year ; payment of a state or county tax. 

Sessions of the legislature are held biennially, and limit¬ 
ed to sixty days. Bills, to become laws against the execu¬ 
tive veto, must be passed by majorities of all the members 
elected. General elections biennially, the first Monday in 
August. 

Electors. All free male citizens, twenty-one years of 
age, having resided in the state one year, and in the county 
or district three months. 

Executive —a governor elected for four years, who is ineli¬ 
gible the next four ; must be thirty years ; have been a 
citizen of the United States ten years, and of the state five 
years. A lieutenant governor. 

A secretary of state, an auditor of public accounts, a 
treasurer, an attorney-general, and a register of,lands, are 
chosen by the electors of the state for four years. 

Judiciary. The judicial power is vested in a supreme 
court, circuit courts, county courts, justices of the peace, 
and such other tribunals inferior to the c ircuit courts, as the 


SYNOPSIS OF THE STATE CONSTITUTIONS. 349 

general assembly shall establish. The supreme court con¬ 
sists of three judges, elected for six years by the qualified 
voters of the state. In each of the ten circuits, (the number 
of which might not be increased until after ten years,) is a 
circuit judge, chosen by the electors of the circuit, for six 
years. Judges of the supreme and circuit courts must be 
thirty years of age, and have resided in the state five years. 
In each county is a county court. Justices of the peace 
are elected in the several townships. Clerks of the circuit 
and county courts are chosen by the electors of the coun¬ 
ties, for six years. 

Education. The proceeds of all the lands granted by con¬ 
gress for the support of schools, the income of the United 
States deposit fund, and of all other sources of revenue de¬ 
signed for this object, are to be strictly appropriated. The 
legislature is enjoined to provide means for the support of 
free public schools throughout the state, by taxation on pro¬ 
perty, and by capitation tax, or otherwise. 

State Debts. The entire indebtedness of the state con¬ 
tracted under this constitution, may not at any time exceed 
$25,000, except in cases of war, insurrection, and invasion, 
unless the creation of a debt proposed by the legislature, 
for a specified purpose, shall be approved by the electors of 
the state, nor unless means shall be provided by taxation 
for the payment of the debt within twenty years. 

Amendments may be proposed in 1850, and every fourth 
year thereafter, by a majority of the whole of each house ; 
and they take effect when ratified by the electors of the state 


350 


CITIZEN’S MANUAL. 


ARKANSAS. 

In 1836, this state was admitted into the union with its 
present constitution, which was slightly amended in 1845. 

Electors. All free male citizens, twenty-one years of 
age, who have been citizens of the state six months, and 
actual residents of the counties in which they offer to vote. 

Legislature. General assembly , consisting of a senate and a 
house of representatives. Representatives are elected for 
two years ; must be twenty-five years of age, and residents 
of the counties they represent. Their number may not be 
less than fifty-four, nor more than one hundred. They are 
apportioned among the counties, according to the number 
of the total male inhabitants, taking 500 as the ratio ; 
and when the number of representatives shall amount to 
seventy-five, there is to be no further increase until the 
population of the state shall amount to 500,000 souls.— 
Senators are chosen in single districts for four years, one- 
half, as near as may be, every two years ; the number 
never to be less than seventeen, nor more than thirty-three, 
apportioned upon the basis of the free white male inhabit¬ 
ants, the ratio being 1,500 until the number is twenty-five ; 
after which the ratio is to be such as not to increase the 
number of senators until the population of the state shall 
amount to 500,000. Senators must be thirty years, inhabit¬ 
ants of the state one year, and actual residents of the dis¬ 
tricts they represent. 

Legislature meets biennially. General elections are viva 
voce , until otherwise directed by law, and are held every two 
years on the 1st Monday of October, until altered by law. 
Bills are passed against the veto by a majority of the whole 
of each house. They are to be returned within three days, 
or they become laws, unless their return is prevented by 
adjournment. 

Executive. A governor is elected for four years, and is 
ineligible more than eight in any term of twelve years. 
Qualifications : age, thirty years : residence in the state 
four years ; a native born citizen of Arkansas, or a native 
born citizen of the United States, or a resident of Arkansas 


SYNOPSIS OF TIIE STATE CONSTITUTIONS. 


351 


ten years previous to the adoption of the constitution, if not 
a native of the United States. Also a lieutenant-governor. 

A secretary of state for four years, and an auditor and a 
treasurer for two years, are elected by a joint vote of both 
houses. 

Judiciary. A supreme court, circuit courts, county courts, 
and justices of the peace. Corporation courts and courts 
of chancery may be established by the legislature. The 
supreme court is composed of three judges, elected by joint 
vote of the assembly for eight years ; one to be elected 
every four years, one every six, and one every eight years. 
They are to be thirty years of age. Each circuit is to con¬ 
tain not less than five nor more than seven counties, for 
which a judge is elected by the general assembly, for four 
years, who must be twenty-five years of age. There is in 
each county a county court held by the justices of the peace, 
who elect a presiding judge, for two years. This court has 
jurisdiction in matters relating to county taxes, disburse¬ 
ments of money for county purposes, and other local concerns 
of the county. The presiding judge is also judge of probate. 
Justices of the peace are elected in the townships for two 
years. They have civil jurisdiction in actions when the sum 
claimed is $100 or under, and in penal offenses less than 
felony. 

An attorney of state is elected in each judicial circuit for 
two years. 

A sheriff, a coroner, a treasurer, and a county surveyor, 
are elected in each county, for two years. 

Education. The legislature is required to provide for im¬ 
proving the lands granted to the state by the United States 
for the use of schools, and to apply the proceeds to the in¬ 
tended object; also to pass laws to encourage intellectual, 
scientific, and agricultural improvements. 

3Iiscellaneous . No poll tax can be levied, except for 
school purposes. In case the public school fund fails to 
sustain a school for three months in each year, a tax is 
laid on property. The general assembly is authorized 
to pass laws providing against the evils of intoxication. 
The criminal jurisdiction of justices is final in all cases 
less than felony. 

Banks. The constitution authorizes a state bank with 
branches, which was to be the repository of the state funds, 


352 


CITIZEN’S MANUAL. 


and. was to loan out the funds to the people of the counties 
in proportion to representation ; and another banking insti¬ 
tution designed to aid the agricultural interests ; and the 
credit of the state might be pledged to raise the funds of 
these banks, provided the individual stockholders should 
guaranty the state against loss. One of the amendments 
adopted in 1846, prohibits the incorporation, thereafter, of 
any banking institution in the state. 

Amendments may be made by two successive legislatures, 
two-thirds of each of the two houses concurring in the same. 

Other Provisions. Persons who deny the being of a God 
may not hold civil offices, nor be witnesses in courts. No 
poll-tax may be assessed for any other than county pur¬ 
poses. All revenue is to be raised by taxation. 


MICHIGAN. 

This state was admitted into the union in 1836. The 
present constitution was adopted in 1850. 

Legislature. Senate and house of representatives. The 
senate has thirty-two members, who are elected for two 
years in senate districts ; that is, a single senator in each 
district. Representatives, not less than sixty-four, nor more 
than one hundred, are also elected in single districts, for 
two years. Apportionments of members are made after 
each enumeration, taken in 1854, and every ten years there¬ 
after ; also alter each United States census. Any qualified 
elector holding no other office, is eligible to either house. 

Sessions of the legislature are biennial, commencing the 
1st Wednesday of January. Members receive ten cents 
for every mile traveled to and from the place of meeting, 
and three dollars a day for the first forty days of each regu¬ 
lar session, and nothing thereafter; and the same for 
twenty days of each extra session. No pay but for actual 
attendance, except when absent on account of sickness.— 
Newspapers and stationery, not exceeding five dollars in 
value, are allowed to each member. The passage of bills 
requires a majority of all the members elected to each house. 
Majorities of two-thirds of all the members elected are 



SYNOPSIS OF THE STATE CONSTITUTIONS. 


353 


necessary to pass bills against the veto. Bills not returned 
by the governor within ten days, become laws, unless their 
return is prevented by adjournment. Acts passed within 
the last five days of » session, may be signed by the gov¬ 
ernor and filed by him in the office of the secretary of state 
within five days after the adjournment ; and the same be¬ 
come laws. 

Executive. The governor is elected for two years. He 
must be thirty years of age ; have been a citizen of the 
United States five years, and a resident of the state two 
years. A lieutenant-governor. 

Judiciary. One supreme court, circuit courts, a probate 
court, and justices of the peace. For six years, and until 
the legislature otherwise provide, the circuit judges are to 
be judges of the supreme court. After six years, a supreme 
court may be organized, consisting of a chiefjustice and 
three associate justices, to be chosen by the electors of the 
state for eight years, and to be so classed that only one of 
them shall go out of office at a time. The supreme court 
holds four terms annually. A circuit judge is elected in 
each of the eight judicial circuits for six years. The num¬ 
ber of circuits may be increased. A circuit court is to be 
held at least twice in every county annually ; in counties 
containing 10,000 inhabitants, four times. The judge of 
the probate court of each county is elected for four years. 
Justices of the peace, not exceeding four in each township, 
are elected in the several townships for four years. 

Electors. All male citizens, twenty-one years of age, 
who have resided in the state three months, and in the town¬ 
ship or ward ten days. Also foreigners after a residence 
of two and a half years in the state, and a declaration of 
their intention to become citizens ; and civilized male in¬ 
habitants of Indian descent, are electors. General elections 
are held biennially on the Tuesday succeeding the first Mon¬ 
day of November. 

A secretary of state, a superintendent of public instruction, 
a treasurer, a commissioner of the land-office, an auditor- 
general, and an attorney-general, are elected for two years. 

There are chosen in each county, a sheriff, a county clerk, 
a county treasurer, a register of deeds, and a prosecuting 
attorney, all for two years. The sheriff can hold the office 
no longer than four in a period of six years. The board of 


354 


CITIZEN’S MANUAL. 


supervisors may unite the offices of count}' clerk and register 
of deeds in one office. 

Education. The cons tit ition pledges to the support of 
schools, the proceeds of the lands granted by the United 
States, and of all the lands and other property given by 
individuals or appropriated by the state for like purposes. 
The legislature is required to provide for keeping ?, school, 
without charge for tuition, at least three months in each 
year in every district. Three Members of a state board of 
education are elected for six years, one every two years. 
The superintendent of public instruction is ex-officio a mem¬ 
ber and secretary of the board. The state normal school is 
placed under the supervision of this board. Institutions for 
instructing the deaf and dumb are also to be supported. 
An agricultural school also is provided for. 

State Debts , &fc. The state may contract debts not exceed¬ 
ing, at any one time, $50,000, to meet deficits in revenue 
The credit of the state may not be granted to, or in aid of, 
any person or corporation. No scrip, certificate, or other 
evidence of state indebtedness, shall be issued, except to 
redeem stock previously issued, or for debts authorized in 
the constitution. The state shall not hold stock in any 
company, nor be interested in any work of internal improve¬ 
ment, except in the expenditure of grants to the state of 
land or other property. 

Corporations , except for municipal purposes, shall not be 
created by special acts, but may be formed under general 
laws. Banking laws shall not take effect until approved 
by the electors at an election. Stockholders of banking 
corporations are individually liable for all debts contracted 
during the time they were stockholders. Security must be 
given by banks for all their bills issiied ; and in case of in¬ 
solvency, billholders have preference in payment. The sus¬ 
pension of specie payments shall not be sanctioned by law. 

Amendments are proposed by two-thirds of all the members 
of each branch, and ratified by a majority of the electors 
voting thereon at the next general election. In 1866, and 
every sixteenth year thereafter, and at such other times as 
the legislature shall provide, the question of a general re¬ 
vision of the constitution by a convention shall be submitted 
to the electors of the state. 

Other Provisions. No law may be passed authorizing the 


SYNOPSIS OF THE STATE CONSTITUTIONS. 


granting of license for the sale of intoxicating liquors. 
No person shall he rendered incompetent as a witness on 
account of his religious belief. 


FLORIDA. 

This state was admitted into the union by act of con¬ 
gress of March 3, 1845. 

Executive. The governor is elected for four years, and is 
ineligible for the next term. Age, thirty years ; citizen 
of the United States ; resident of the state three years. 
Also a lieutenant-governor. 

A secretary of state is elected by the people for four 
years ; a treasurer and a controller of public accounts, for 
two years. 

Legislature. A senate and a house of representatives, 
styled the general legislature. Representatives are appor¬ 
tioned among the counties according to the number of the 
total inhabitants, including the colored people; the number 
not to exceed sixty. They are elected biennially. Qualifica¬ 
tions : age, twenty-one years ; citizenship ; residence in 
the state two years, and in the county one year. Senators 
are elected in districts, at least one in each district ; the 
number to be not less than one-fourth, nor greater than 
one-half of the number of representatives. They are chosen 
for four years, — one half every two years. Age, twenty- 
five years ; other qualifications the same as those of repre¬ 
sentatives. 

The legislature meets biennially on the 4th Monday in 
November ; the time alterable by law. Bills become laws 
against the veto by majorities of all the members elected 
to both houses. 

Judiciary. A supreme court, courts of chancery, circuit 
courts, and justices of the peace. The supreme court con¬ 
sists of three judges, elected by the people, for six years ; 
and holds four sessions annually. The state is divided 
into four circuits, eastern, middle, western, and southern ; 
and a judge is elected in each judicial circuit for six years, 



356 


CITIZEN’S MANUAL. 


who presides-in the courts held in his circuit. Justices of 
the peace for each county are appointed or elected as the 
general assembly may direct. 

An attorney-general is elected b}' joint vote of the two 
houses, for four years. The clerk of the supreme court, the 
clerks of the courts of chancery, and a solicitor for each 
circuit, are elected by the general assembly ; the clerks of 
the circuit courts, by the electors of the circuits. 

Electors. All male citizens, twenty-one years of age; 
residents of the state one year, and of the county six 
months ; who are enrolled in the militia, unless by law ex¬ 
empted from serving. The general assembly is required 
to provide for registering the qualified electors of each 
county. 

Education. The proceeds of all lands granted by the 
United States for the use of schools, are to be a perpetual 
fund, the interest of which is to be appropriated exclusively 
to that object. 

Banks , fyc. No bank charter may be granted for more than 
twenty years ; nor may it be extended or renewed. The 
capital of a bank shall not exceed $100,000 ; and dividends 
shall not be made exceeding ten per cent, a year ; stock¬ 
holders are individually liable ; and no note may be issued 
for less than five dollars. The credit of the state may not 
be pledged in aid of any corporation. 

Amendments A convention may be called by the general 
assembly, two-thirds of each house concurring. Alterations 
may be made by the assent of two successive legislatures, 
two-thirds of each house concurring. 

Other Provisions. No minister of the gospel is eligible to 
the office of governor, or to a seat in the legislature. All 
bank officers also are thus disqualified while holding such 
offices, and for a year after they cease to hold the same 


SYNOPSIS OF THE STATE CONSTITUTIONS. 


TEXAS. 

Texas, formerly a part of Mexico, declared itself inde¬ 
pendent in 1835. By a joint resolution of congress, ap¬ 
proved December 29, 1845, this independent republic was 
admitted as a state into the union. 

Electors . Every male person, without regard to race or 
nationality, who shall at the time of voting be twenty-one 
years of age, a citizen of the United States, and a resident 
of the state one year, of the county six months, excepting 
an insane person or an idiot or untaxed Indians; also 
such as shall, under the laws of the United States, 
have declared their intention to become citizens, and 
otherwise come within the conditions. In all elections 
by the people the election must be by ballot, or the result 
is void. 

Legislature. A senate and a house of representatives. Repre¬ 
sentatives, the number of whom shall not be less than forty- 
five, nor greater than ninety, are apportioned among the 
counties according to the free population, and elected for 
two years. They must be twenty-one years of age, and 
have been inhabitants of the state two years, and the last 
year of the county, city, or town they represent. Senators, 
not less than nineteen nor more than thirty-three, are elected 
in districts, for four years, one-half every two years ; must 
be thirty years of age ; inhabitants of the state three years, 
and of the district one year. 

The legislature meets biennially. Bills negatived by the 
governor, become laws when passed by two-thirds of both 
houses ; or if bills are not returned within five days, they 
become laws. Ministers of the gospel are ineligible to the 
legislature. Quorum, two-thirds. 

Judiciary. A supreme court, district courts, and such infe¬ 
rior courts as the legislature may establish. The supreme 
court consists of a chief-justice and two associates, and has 
appellate jurisdiction chiefly. It holds sessions once a year 
in not more than three places in the state. District courts 
are held by the judge of each judicial district, at one place 
in each county, at least twice a year. The judges of both 
the supreme and district courts are elected by the people 
for six years. 


358 


CITIZEN’S MANUAL. 


There are elected in each county a convenient number of 
juslices of the peace, one sheriff, one coroner, and a sufficient 
number of constables, all for two years. The sheriff is eli¬ 
gible only four years in six. Also a clerk of the district 
court for each county is elected for four years. 

Executive. The governor is elected for two years ; is eligi¬ 
ble four years in every six. Qualifications : age, thirty 
years ; state residence, three years ; a citizen of the United 
States, and the same general requisites, which give the 
right of suffrage. A lieutenant-governor. 

A treasurer, a controller of public accounts, and an at¬ 
torney-general, are elected by the qualified electors of the 
state for two years. A secretary of state is appointed by 
the governor and senate, to hold during the official term 
of the governor. 

Amendments of the constitution are proposed by two- 
thirds majorities of the legislature, approved by the electors 
at the next general election, and ratified by majorities of 
two-thirds of both houses of the next legislature. 

Miscellaneous . The Indians may at any time become 
citizens by the imposition of a tax on them by the legisla¬ 
ture. The sum of two thousand dollars is yearly appro¬ 
priated for the increase of the supreme court library. A 
public officer may be impeached for dissipation, malfea¬ 
sance in office, and general crimes detrimental to good 
morals. The Seminole Indians are entitled to one mem¬ 
ber of the legislature. 

Education. The legislature is required to establish, as 
early as practicable, free schools throughout the state, to 
be supported by taxation ; one-tenth of the annual revenue 
derivable from taxation, and the proceeds of all public lands 
granted for public schools, to be a permanent fund for the 
support of free public schools. 


IOWA. 

The state of Iowa was admitted into the union by an act 
of congress approved December 28, 1846. 

Electors. All male citizens of the age of twenty-one 



SYNOPSIS OF THE STATE CONSTITUTIONS. 359 

years, who have resided in the state six months, and in the 
county twenty days, are entitled to the right of suffrage. 

Legislature. The two houses are called the general assembly. 
Members of the house of representatives are elected in their 
respective districts, for two years ; and their number (since 
the population of the state amounted to 175,000) may not 
be less than thirty-nine, nor exceed seventy-two. A repre¬ 
sentative must be twenty-one years of age, a free white male 
citizen of the United States, an inhabitant of the state one 
year, and an actual resident for thirty days in the county 
or district which he is chosen ’to represent. Senators, in 
number not less than one-third nor more than one-half of 
the number of representatives, are elected for four years, 
one-half every two years. They are to be twenty-four years 
of age ; in other respects qualified as representatives. 
Election, 1st Monday in August. 

Sessions are held biennially, commencing the first Monday 
of December next after the election. Bills negatived by the 
governor, must be repassed by two-thirds majorities of the 
members present in each house, to become laws. If bills 
are not returned within three days, they are laws though 
not signed by the governor, unless their return is prevented 
by adjournment. 

Executive. The governor is elected for four years. To be 
eligible, he must have been a citizen of the United States, 
and a resident of the state, two years, and must be thirty 
years of age. No lieutenant-governor. In case of vacancy 
in the office of governor, the office devolves upon the secre¬ 
tary of state, until the vacancy shall be filled. 

A secretary of state, an auditor of public accounts, and a 
treasurer, are elected by the electors of the state for two 
years. 

Judiciary. A supreme court, district courts, and such infe¬ 
rior courts as the legislature may establish. The supreme 
court consists of a chief-justice and two associates, elected 
by joint vote of the two branches, and hold for six years. 
This court has appellate jurisdiction only in all cases of 
chancery, and constitutes a court for the correction of errors 
at law. Each district court consists of a judge, elected by 
the voters of the district, for five years. District judges 
are chosen at the township elections. A prosecuting attor- 


360 


CITIZEN’S MANUAL. 


ney and a clerk of the district court, are elected in each 
county at the general election, for two years. 

State Debts. The debts of the state shall at no time 
exceed $100,000, except in case of war, invasion, or insur¬ 
rection, unless authorized by some law for a single object, 
which law is to provide for the payment of the debt without 
loans within twenty years ; and before it takes effect, must 
be approved by the electors at a general election. 

Corporations. No bank or moneyed corporation is to be 
hereafter authorized. Other corporations are to be created 
only by general laws, except for municipal or political 
purposes. The state may not be a stockholder in any cor¬ 
poration. 

Education. A superintendent of public instruction is elect¬ 
ed by the people for three years. The proceeds of all lands 
granted to the state by the United States for the support 
of schools, and such other property as has been or may be 
granted for this purpose, are pledged as a perpetual fund, 
the interest of which is to be strictly appropriated to the 
support of common schools. The general assembly is en¬ 
joined to provide for keeping up a school in each district 
for at least three months in every year. 

Amendments of the constitution are provided for only by a 
convention. When the legislature thinks it necessary to 
revise or amend the constitution, provision shall be made 
by law for a vote of the people for or against a convention, 
at the next ensuing election for members of the legislature. 
If a majority of the votes are in favor of a convention, an 
election of delegates is to be held within six months. 


WISCONSIN. 

This state was admitted into the union by act of congress, 
May 29, 1848. 

Electors. White male citizens, or foreigners who have de¬ 
clared their intention to become citizens, having resided in 
the state one year ; also civilized persons of Indian descent, 
not members of any tribe. 



SYNOPSIS OF THE STATE CONSTITUTIONS. 


361 


Legislature. A senate and an assembly. The number of 
members of the assembly is not to be less than fifty-four, nor 
greater than one hundred. They are elected annually. The 
number of senators may not be less than one-fourth, nor 
greater than one-third, of the number of members of assem¬ 
bly. They are chosen for two years, one-half every year. 
The qualifications of members of both houses are the same, 
a resident of the state one year, and a qualified elector in 
the district. Both are chosen in single districts, and are 
to be apportioned every five years, namely, after each de¬ 
cennial census of the United States, and after each inter¬ 
vening state census. Election, the Tuesday next after the 
1st Monday of November. 

Annual sessions commence at a time fixed by law. Bills 
are passed over the governor’s veto by majorities of two- 
thirds of both branches. Compensation of members is $2,50 
for each day’s attendance, and ten cents for every mile 
traveled going and returning by the usual route. 

j Executive. The executive power is in a governor elected 
for two years. To be eligible to the office of governor or 
lieutenant-governor, a person must be a citizen of the United 
States, and a qualified elector of the state. 

A secretary of state, a treasurer, and an attorney-general, 
are elected for two years. 

Sheriffs, coroners, registers of deeds, and district attor¬ 
neys, are elected in their respective counties, once in two 
years. Sheriffs are ineligible for the next two years. 

Judiciary. A supreme court, circuit courts, courts of pro¬ 
bate, and justices of the peace. Inferior courts, with lim¬ 
ited civil and criminal jurisdiction, may be established by 
the legislature in the several counties. The supreme court, 
except in certain cases, has appellate jurisdiction only. By 
the constitution, the judges of the circuit courts were to be 
judges of the supreme court, for five years, and until the 
legislature should otherwise provide ; and authority is given 
to the legislature to organize a separate supreme court, to 
consist of a chief-justice and two associate justices, elected 
by the electors of the state for six years ; one only to be 
elected at a time. The circuit judges also, one in each 
judicial circuit, are elected for six years. Judges are to be 
twenty-five years of age, and qualified electors. The su¬ 
preme court shall hold at least one term annually at the 


362 


CITIZEN’S MANUAL 


seat of government, and at such other places as the legis¬ 
lature may provide. A circuit court is to be held at least 
twice a year in each county. 

A judge of probate is chosen in each county for two 
years ; but the legislature may abolish the office, and con¬ 
fer probate powers on inferior county courts. Justices of 
the peace are elected in the several towns, cities and villa¬ 
ges, for two years. 

Education. A superintendent of public instruction is 
elected by the electors of the state. The proceeds of the 
lands granted by the United States, the proceeds of fines 
and forfeitures, and moneys arising from grants to the state 
for no specified purpose, are to be a school fund, the interest 
of which is to be applied to the support of common schools 
in each school district, and of academies and normal schools. 
The legislature is required to provide for establishing dis¬ 
trict schools, free of charge for tuition, to all children be¬ 
tween the ages of four and twenty years. Each town and 
city shall raise by tax, annually, for school purposes, at least 
half as much as it receives from the school fund. 

Corporations without banking powers may be formed only 
under general laws, except for municipal purposes, and 
when the objects of the corporation can not be attained un¬ 
der general laws. The power of cities and villages to assess 
taxes and to contract debts, is to be restricted. The legis¬ 
lature may not incorporate any bank corporation, until the 
question of “ bank or no bank” shall have been submitted 
to the voters of the state, and a majority of those voting 
shall have voted in favor of banks ; in which case a general 
banking law may be passed. 

State Debts , 'Sfc. The credit of the state may not be loaned 
in aid of an individual or corporation. The state may not 
contract any public debt, except for extraordinary expendi¬ 
tures ; but such debt may not exceed $100,000 ; and the 
law authorizing it shall provide for paying the same by tax¬ 
ation within five years. Money may also be borrowed to 
repel invasion, suppress insurrection, and defend the state 
in time of^war. 

Amendments are to be approved by majorities of the whole 
of each house of two successive legislatures, and ratified 
by the electors of the state. Also if the legislature shall 
deem it necessary to revise or change the constitution, it 


SYNOPSIS OF THE STATE CONSTITUTIONS 


3G3 


may recommend to the electors the question of calling a 
convention ; and if a majority shall vote in favor of a con¬ 
vention, the legislature shall at the next session piovidefor 
calling the same. 


CALIFORNIA. 

The constitution of this state was adopted November 13 , 
1849 ; and the state was admitted into the union by act of 
congress, dated September 9, 1850. 

Electors. All male citizens of the United States, and 
all male citizens of Mexico having elected to become 
citizens of the United States under the treaty of peace, ol 
the age of twenty-one years, who have resided in the stato 
six months, and in the county or district thirty days. Also 
Indians, or the descendants of Indians, may be admitted to 
the right of suffrage, in special cases, by a concurrent vote 
of two-thirds of the legislature. 

Legislature. Senate and assembly. Members of assembly, 
the number to be not less than thirty nor greater than 
eighty, are chosen annually by districts. Senators, not less 
than one-third nor more than one-half of the number ot 
members of assembly, are elected by districts for two years, 
one-half every year. Members of both houses must have 
resided in the state two years, and in their respective dis¬ 
tricts one year, and be qualified electors. They are appor¬ 
tioned under the census taken by the United States every 
ten years, and the state census taken five years thereafter.' 
Election the Tuesday next after the 1st Monday of November. 

Sessions of the legislature are held annually, commencing 
the 1st Monday of January. Bills are passed against the 
veto by a majority of two-thirds of each house. Bills be¬ 
come laws if not returned by the governor within ten days, 
unless the legislature shall sooner adjourn. 

Executive. A governor and lieutenant-governor are elected 
for two years. They must be twenty-five years of age, and 
have resided in the state two years. 

A secretary of state, a controller, a treasurer, an attor 



364 


CITIZEN’S MANUAL. 


ney-general, and a surveyor-general, are elected for two 
years by joint vote of both houses. 

Judiciary, The judicial power is in a supreme court, dis¬ 
trict courts, county courts, justices of the peace, and such 
municipal and other inferior courts as the legislature may 
establish. The supreme court consists of three judges, 
elected by the electors of the state for six years, one every 
two years ; the senior justice in commission to be chief- 
justice. The district judges are elected by the electors of 
their respective districts for six years. A judge of the 
county court is elected in each county for four years, and 
performs also the duties of judge of probate. The number 
of justices of the peace elected in each county, city, town, 
or village, is fixed by law. 

The legislature is required to provide for election by the 
people, of a clerk of the supreme court, county clerks, dis¬ 
trict attorneys, sheriffs, coroners, and other necessary 
officers. 

State Debts. The legislature shall not create debts exceed¬ 
ing, in the aggregate, $300,000, except in cases of war, in¬ 
vasion, or insurrection, unless authorized by a law for some 
single object or work distinctly specified ; which law shall 
provide means, without loans, for paying the debt within 
twenty years, and, before taking effect, shall be submitted 
to the people at a general election, and shall have received 
the votes of a majority of those voting on the question. 

Corporations may be formed under general laws, but may 
not be created by special act, except for municipal pur¬ 
poses. No banking institution issuing paper to circulate 
as money shall be chartered. Each stockholder of a corpo¬ 
ration or a joint stock company, shall be individually liable 
for his proportion of its liabilities. 

Education. [The constitutional provisions on this subject 
appear to have been copied from the constitution of Iowa, 
which see.] 

Amendments must be agreed to by majorities of all the 
members of each house of two successive legislatures, and 
ratified by the people. If, in pursuance of a previous re¬ 
commendation of two-thirds of the two houses, the people 
shall vote in favor of a convention for a general revision of 
the constitution, the legislature shall accordingly provide 
for calling such convention. 


SYNOPSIS OF THE STATE CONSTITUTIONS. 


3G5 


MINNESOTA. 

This state was admitted into the union in 1868. 

Electors. White male citizens of the United States, 
twenty-one years of age, having resided in the United 
States one year, and in the state four months next pre¬ 
ceding any election, are voters. Also white persons of 
foreign birth, having like qualifications as to age and 
residence, who shall have legally declared their intention 
to become citizens ; and persons of mixed white and In¬ 
dian blood, and of Indian blood, under certain regulations. 

Legislature. A senate and a house of representatives. 
The first legislature is to consist of thirty-seven senators 
and eighty representatives. 

Executive. A governor and a lieutenant governor are 
elected for two years. 

A secretary of state, a treasurer, and an attorney-gen¬ 
eral, are elected for two years, and a state auditor for 
three years. 

Judiciary. The judicial power is vested in a supreme 
court, district courts,, courts of probate, justices of the 
peace, and such other courts inferior to the supreme court, 
as the legislature ma}' establish by a two-thirds vote. All 
judges and justices are elected by the people. 

Other Provisions. Slavery is prohibited. A general 
banking law may be passed by majorities of two-thirds of 
both houses. The compensation of members is fixed at 
$3 a day. St. Paul is to be the seat of government, until 
elsewhere located by the legislature. 


WEST VIRGINIA. 

This state was organized by partition from Virginia, 
and the adoption of a constitution in 1861. The new 
constitution was adopted in 1862. The state is made up 
of the section west of the Alleghanies in the old state. 

Executive. The governor and lieutenant-governor are. 
elected for the term o F two years. A secretary of state, 
treasurer, and auditoi are elected at the same time and 
for the same period. 



366 


CITIZEN’S MANUAL. 


Legislature. The legislative power is vested in a senate 
and house of delegates. One-half of the senate is elected 
annually. The number of senators is alternately twenty 
and twenty-two ; of delegates, fifty-two and fifty-seven. 

Judiciary. The judiciary power of the state is vested 
in the supreme court of appeals, the circuit courts and 
such inferior tribunals as may be organized in conformity 
with the general necessities of society. 

Electors. All free male citizens, who may have resided 
in the state for one year, in the county for thirty days. 
The legislature provides for a registry of voters, for elec¬ 
tion returns, and contested elections. 


KANSAS. 

The state of Kansas was admitted to the union by an 
act approved Jan. 29, 1861, after a long and bitter polit¬ 
ical feud, whose history will be found briefly sketched 
further on in this book. 

Electors. Every male person, twenty-one years of age, 
a citizen of the United States, who shall have resided in 
the state six months, in the county thirty days prior to 
election. 

Executive. The executive department consists of a gov¬ 
ernor, lieutenant-governor, secretary of state, auditor, 
treasurer, attorney-general, and superintendent of public 
instruction, all of whom are elected for two years. 

Legislative. The legislation is vested in a senate and 
house of representatives, the first never to exceed thirty- 
three, the second one hundred members. The legislature 
may confer on local tribunals such powers as may be 
expedient. 

Judicial. The judicial power of the state inheres in a 
supreme court, district courts, probate courts, justices of 
the peace, and courts of record. 

Miscellaneous. The legislature must provide for the en¬ 
couragement of intellectual, scientific, and agricultural 
improvement by the establishment of schools and colleges. 
A perpetual school fund exists. There is a universal and 



SYNOPSIS OF THE STATE CONSTITUTIONS. 367 

uniform system of taxation. Corporations can only be 
created under the general law. 


NEVADA. 

Admitted to the union Oct. 31, 1864, by presidential 
proclamation. 

Electors. All male citizens of the United States twenty- 
one years of age, who shall have resided in the state six 
months, in the county thirty days, and who do not labor 
under certain special disabilities. 

Executive . Governor, lieutenant-governor, treasurer, 
comptroller, surveyor-general, and attorney-general, hold-- 
ing office four years. 

Legislative . This department consists of a senate and 
assembly ; chosen biennially, the first for four years, the 
latter for two. The senators shall not be less than one- 
half, or more than one-third the number of the assembly. 

Judiciary. This consists of a supreme court, district 
court, and justices of the. peace, with such municipal 
courts as may be established by the legislature. 


NEBRASKA. 

The state was admitted to the union under the procla¬ 
mation of the president March 1, 1867. The constitution 
has not been revised since. 

Electors . All male citizens of the United States, of the 
state, and twenty-one years of age. 

Executive. This department consists of a governor, 
secretary of state, auditor, and treasurer, the first three 
chosen for two, the last for four years. Only a qualified 
elector is eligible. 

Legislative . The legislative authority is vested in a sen¬ 
ate and house of representatives. Only white citizens are 
eligible. 

Judiciary. This power is vested in the supreme court, 




368 


CITIZEN’S MANUAL. 


district courts, probate courts, justices’ courts, and the 
several inferior courts such as the legislature may establish. 


COLORADO. 

The constitution of Colorado was adopted in conven¬ 
tion March 14, 1876, and ratified by the people July 1, 
1876. The state thereupon was admitted by congress. 

Electors. All male persons over twenty-one, who shall 
be citizens of the United States, resided in the state six 
months, and the county, town and ward such time as 
special law may provide. It is also provided that the 
legislature may at an early period enact laws to extend 
suffrage to women, such laws only becoming effective 
when submitted to the vote of the qualified electors. 

Executive. This department consists of a governor, lieu¬ 
tenant-governor, secretary of state, auditor of state, state 
treasurer, attorney-general, and superintendent of public 
instruction, holding office for two years. The governor, 
lieutenant-governor, and superintendent of public instruc¬ 
tion must have attained the age of thirty. Eligibility to 
the other executive offices involves the age of twenty-five 
years, and being a duly qualified attorney. 

Legislative. The legislative power is vested in the gen¬ 
eral assembly, consisting of a senate and house of repre¬ 
sentatives ; elected every two years in the case of the 
latter, four years in the case of the former. No one shall 
be eligible not twenty-five years and a resident at least 
twelve months previous to the election. 

Judiciary . The judicial power rests in the supreme 
court, district courts, county courts, justices of the peace, 
and such other courts as may be created by law. 

Miscellaneous. Educational, reformatory, and penal in¬ 
stitutions, and such other as may be required for the public 
good, shall be established by the state. The public school 
fund remains ever inviolate and intact. Text-books may 
not be fixed by the legislature or the superintendent of 
instruction. The rate of taxation shall never exceed six 
mills on every dollar of valuation. Private property may 
not be taken for corporate debts. 



SYNOPSIS OF THE STATE CONSTITUTIONS. 


REMARKS. 

A comparison of the present with the early state con¬ 
stitutions, shows a material change of sentiment on many 
subjects since the first establishment of state governments. 

One of these subjects is the right of suffrage. In many 
of the states, in the election of members of the legisla¬ 
ture or of the governor, and in some states of both, none 
but freeholders were allowed to vote. In some states the 
lower house was elected by unrestricted suffrage, while 
the senate, which was considered rather as representing 
the aristocracy or wealth of the state, was elected by free¬ 
holders. Formerly property qualifications were required 
in many of the states, similar to the recent suffrage limi¬ 
tations imposed by the English reform bills. These have 
been almost entirely abolished. The most radical change 
however has been the fruit of the war in the enfranchise¬ 
ment of the colored race. The elevation of the servile 
class in the former slave states of course has wrought the 
most astonishing changes in the general political status of 
the country even in the former free-states. 

The difference in the constitution of the two houses of 
the legislature has been diminished. The senatorial term, 
in many states, is shorter than it was generally under the 
old constitutions, except in the New England states, where 
short terms always existed. In states where formerly the 
official term of senators was three or four years, it has 
been reduced to two ; and the term of members of the pop¬ 
ular branch has in many states been changed from one 
year to two years, making the terms of both houses equal. 
The classification of senators, too, with a view to having 
portions of them going out and coming into office at differ¬ 
ent times, has been dispensed with in some states in which 
it was formerly required. 

The property qualification of members of the legislature 
and governor, is less common than formerly. In most of 
the states, the necessary qualifications of age, citizenship 
and residence, are sufficient. No state admitted since the 
organization of the general government, has, we believe, 
ever required a property qualification for governor or re¬ 
presentative. 

The plan which prevailed in the old colonial govern- 


370 


CITIZEN’S MANUAL. 


ments of a council instead of a senate, was continued in 
some states to a comparatively late period, but it has been 
entirely superseded by a senate. There is still, however, 
in the states of Maine, New Hampshire and Massachusetts, 
an executive council, which acts with the governor in the 
granting of pardons, in the appointment of officers, &c. 

The veto power also has, in many states, been essen¬ 
tially modified. Most of the old constitutions required 
two-thirds majorities of both houses, (meaning, of course, 
two-thirds of a quorum,) to pass bills against the objec¬ 
tions of the governor. In most of the states, either bills 
may be passed against the veto by majorities of all the 
members elected to each house, or they do not require the 
governor’s approval. 

In some states, as will appear by reference to the con¬ 
stitutions, a majority of all the members elected is neces¬ 
sary to pass bills in the first instance. There is a manifest 
propriety in this provision. When only a majority of a 
quorum is required, a law may be passed by one vote more 
than one-fourth of the number of the members of each house. 

An essential change has also taken place in the appoint¬ 
ment and tenure of office of judges. To secure the inde¬ 
pendence of the judges, and a wise selection, their ap¬ 
pointment was devolved upon the executive, by and with 
the advice and consent of the senate, or some advisory 
council ; or, as in some states, the appointment was given 
to the legislature. And with a further view to their inde¬ 
pendence, they were to hold their offices during good be¬ 
havior. Even justices of the peace were in many, perhaps 
most of the states, thus appointed, though for specified 
terms. But for many years the elective principle has been 
gaining ground. In a majority of the states, all the 
judges are now elected by the people for specified terms 
The expediency of the change is doubted by many, but na 
state, it is believed, has ever restored the old practice; 
and it is by no means' certain that the character and effi¬ 
ciency of the judiciary has suffered by the change. 

Restraint upon the power to contract state debts is a 
comparatively new feature in state constitutions. So 
deeply have some states involved themselves in debt by 
borrowing money for state enterprises, and by loaning 
their credit to insolvent corporations, that the people of 


SYNOPSIS OF THE STATE CONSTITUTIONS. 37] 

many of tlie states have thought it expedient, in their new 
and amended constitutions, to limit the power of the legis¬ 
lature to contract debts to a specified amount, except for 
certain purposes ; and such amount of indebtedness shall 
not be exceeded, unless the consent of the people shall be 
obtained at an election, or in some other way prescribed 
by the constitution. This restriction has proved highly 
salutary in many states. In a few instances, however, 
it has subjected the people to the inconvenience of an 
election, and even of amending the constitution, to give 
the legislature the necessary power to raise money for 
needful purposes. 


372 


CITIZEN’S MANUAL. 


LIMITATION OF ACTIONS, 


While the courts of justice are open to every citizen who 
may have occasion to resort to them for the enforcement of 
his just rights and for the redress of injuries, the states 
have by statute limited the time, within which persons may 
avail themselves of this privilege. Hence, a statute of this 
kind is called a statute of limitations. As actions can not be 
maintained unless they are commenced within the prescribed 
periods, the effect of these laws is the limitation of actions. 
The propriety of such laws will appear upon a little reflec¬ 
tion. The failure of the memory of material witnesses in 
the lapse of time, or their death or removal, or other causes, 
may render it impossible for a party to defend himself 
against the unjust claims of another. It is proper, therefore, 
that certain periods should be prescribed within which suits 
at law should be commenced, and that after the expiration 
of these periods, the demands of claimants shall be presumed 
to have been paid. Such demands are commonly said to be 
outlawed. 

Actions are variously termed. They are real , when a title 
to real estate is claimed ; personal , when a man demands a 
debt, a personal service or duty, or damages for its non-per¬ 
formance, or satisfaction for an injury to property. An 
action of assumpsit is an action founded on a promise. 
Assumpsit is from the Latin, and, in law, signifies a promise 
or undertaking founded on a consideration. It is express, 
when made in words or writing ; implied , when, for some 
benefit or consideration accruing to one person from the 
acts of another, the law presumes that person has promised 
to make compensation. An action on the case is an action in 
which the whole, cause of complaint is set out in the writ. 

Different periods of time are prescribed in which the 
different kinds of actions may be commenced. Nor have 
all the states fixed the same periods for commencing the 
same kinds of actions. So numerous are these actions, and 
so various the periods of limitation in the different states, 



LIMITATION OF ACTIONS. 


373 


that only a part of them, those relating to the more common 
cases of indebtedness and of personal injury will be given 
in this note. The times limited for commencing actions for 
the recovery of a title to land in the different states, have 
been stated in a preceding note. (See Note on Chap. XLIX, 
§ X 18, 19. 

In Maine, actions of debt founded upon any contract or lia¬ 
bility not under seal ; actions of assumpsit, or upon the 
case, founded upon any contract or liability, express or im¬ 
plied ; actions for arrears of rent, for waste, of trespass, 
of replevin, and other actions for taking, detaining, or in¬ 
juring goods or chattels ; and actions upon judgments ren¬ 
dered in courts not being courts of record, except justices’ 
courts, must be commenced within six years after the cause 
of action shall have accrued. Promissory notes signed in 
the presence of an attesting witness, are in this state ex¬ 
cepted from the cases above mentioned. In cases of mutual 
and open account, the cause of action is deemed to have 
accrued at the date of the last item proved. This is the 
rule in most of the states. Actions for assault and battery, 
false imprisonment, slander and libel, must be commenced 
within two years. 

In New Hampshire, the periods of limitation in the cases 
above mentioned are the same as in Maine. Actions of debt 
founded upon a judgment or recognizance, or upon a con¬ 
tract under seal, may be brought within twenty years. 

In Vermont, the actions limited to six years in Maine, in¬ 
cluding judgments in any courts not of record, are limited 
to the same period, six years. Assault and battery and false 
imprisonment, three years. Slander and libel, two years. 
Debts on judgment, and debts on specialties, (contracts 
nnder seal,) eight years. 

In Massachusetts, the cases limited to six years, are the 
same as those of Maine above stated, including all judg¬ 
ments of any court but a court of record. Assault and 
battery, false imprisonment, slander and libel, two years. 

In Rhode Island, actions of account and upon the case, 
actions of debt on contracts without specialty ; for arrear¬ 
ages of rent; and of detinue, or replevin, six years. Actions 
of trespass, and trespass and ejectment, four years. Actions 
upon the case for words, ( slander J two years. 

In Connecticut, actions of account, debt on book, on sim 


374 


CITIZEN’S MANUAL. 


pie contract, assumpsit founded upon implied contracts, 
or upon contracts in writing not sealed, and actions of 
trespass on the case, six years. Actions on bonds, contracts 
under seal, or promissory notes not negotiable, seventeen years. 
Actions on express contracts not in writing, of trespass, and 
for words, three years. 

In New York, actions upon contracts or liabilities, express 
or implied, and liabilities created by statute, (except for 
penalties and forfeitures ;) for trespass upon real property ; 
for taking, detaining or injuring goods or chattels ; for re¬ 
lief on the ground of fraud, six years. Actions for libel, 
slander, assault, battery, and false imprisonment; upon a 
statute for a forfeiture or penalty to the people of the state, 
two years. Actions upon sealed instruments, twenty years. 

In New Jersey, actions of trespass, detinue, (which is a 
detaining of property,) trover and replevin ; for taking away 
goods and chattels ; actions of debt founded upon any lend¬ 
ing or contract without specialty ; for arrearages of rent 
on a parol lease ; actions of account and upon the case, six 
years. Actions for assault, menace, battery, false imprison¬ 
ment, four years. Actions for words, two years. Actions 
upon written contracts under seal, sixteen years. 

In Pennsylvania, the cases limited to six years, are with¬ 
out any material exception, the same as those in New Jer¬ 
sey. Actions for assault, menace, battery, wounding, and 
imprisonment, two years. For words, one year. 

In Delaware, actions of trespass, replevin, detinue, of ac¬ 
count, of assumpsit, upon the case, of debt not founded upon 
a record or specialty, three years. [In these are probably 
included, actions for assault, imprisonment, and for words, 
all of which are actions on the case.] On promissory notes, 
bills of exchange, or written acknowledgments of subsisting 
demands, six years. 

In Maryland, actions for trespass, detinue, replevin ; for 
taking away property ; actions of account, debt, book-debt, 
or upon the case ; debt for lending ; on contract without 
specialty ; and for arrearages of rent, are limited to three 
years. Actions for words, assault, battery, wounding, and 
imprisonment, one year. 

In Virginia, actions on contracts by writing, signed by 
the party to be charged or by his agent, and upon other 
contracts, except for goods charged in store account, Jive 


LIMITATION OF ACTIONS. 


375 


years ; for articles charged in store account, two years. 
Personal actions for which no limitation is otherwise pre¬ 
scribed, Jive years. Actions on contracts under seal, twenty 
years. 

In North Carolina, actions of account rendered ; upon the 
case ; for arrearages of rent; of debt upon simple contract; 
of detinue, replevin, and trespass, three years. Assault and 
battery, wounding, imprisonment, one year. For words, six 
months. 

In South Carolina, actions of trespass, detinue, trover, re¬ 
plevin, debt, covenant, and upon the case, four years. As¬ 
sault and battery, and imprisonment, one year : for slander, 
six months. 

In Georgia, actions upon the case, for account, for tres¬ 
pass, for debt, for detinue, replevin, and on open accounts, 
four years. Assault, battery, wounding, and false imprison¬ 
ment, two years. For words, six months. Notes, and writ¬ 
ten instruments not under seal, six years ; if sealed, twenty 
years. 

In Florida, actions upon the case, of account, for trespass, 
debt, detinue and replevin, for goods and chattels, five years. 
For goods sold and delivered, and for any articles charged 
in book-account, two years : if either party dies within the 
two years, then the further time of two years. Assault and 
battery, wounding, and imprisonment, three years. For 
words, one year. 

In Alabama, actions on contracts under seal, and real 
actions, ten years. On detinue ; for trespass to property ; 
on written promises not under seal; on stated account ; for 
rent due on parol lease, and other contracts not specified, 
six years. On open accounts, three years. For assault and 
battery, false imprisonment, slander, libel, penalties, and qui 
tarn actions, one year. [A qui tarn action is one in which a 
man prosecutes for a penalty in behalf of the state, as well 
as of himself as informer.] 

In Mississippi, actions of trespass, detinue, and trover ; 
actions for taking goods and chattels ; actions of debt, on 
contracts not under seal ; or for arrearages of rent on parol 
lease ; actions upon the case, and of account, for the recov¬ 
ery of money, except promissory notes, three years. On 
promissory notes and bills of exchange, six years. For as¬ 
sault, imprisonment, &c., slander and libel, one year. 


376 


CITIZEN’S MANUAL. 


In Louisiana, actions for labor performed, for provisions 
retailed, and for board, supplies for vessels, freight charges, 
&c., one year. For arrearages of rent, hire of property, 
money lent, services of physicians, and of teachers by the 
year or quarter, three, years. On promissory notes and bills 
of exchange, Jive years. 

In Texas, actions of trespass for injury to property ; of 
trover and conversion ; for taking away goods and chattels ; 
and upon open account, two years. For assault and bat¬ 
tery, slander, and libel, one year. Real actions in three, 
five, or ten years, according to the grade of title. 

In Arkansas, actions upon judgments, decrees, and sealed 
instruments, ten years. Upon promissory notes, and other 
instruments not under seal, Jive years. Actions of account, 
assumpsit, or case, founded on any other contract or liabil¬ 
ity, three years. 

In Tennessee, actions of account, and upon the case ; of 
debt for arrearages of rent; of detinue, replevin, and tres¬ 
pass upon land, three years. On a contract or lending, 
without specialty, (which includes promissory notes, &c.,) 
six years. Assault, battery, wounding, and imprisonment, 
one year. Slander, six months. 

In Kentucky, actions upon account for goods, or for arti¬ 
cles charged in store account, within one year from the first 
of January next after the times of the delivery. Actions 
upon ordinary contracts ; upon liabilities created by statute 
other than penalties or forfeitures ; for trespass upon real 
property ; for taking, detaining, or injuring personal pro¬ 
perty ; for relief on the ground of fraud ; on promissory 
notes, bills of exchange, &c., Jive years. Assault, &c., libel, 
and slander, one year. 

In Ohio, actions on promissory notes, or other obligations 
or contracts in writing, Jifteen years. Upon contracts not 
in writing, book accounts, liabilities created by statute, 
other than forfeitures and penalties, six years. For trespass 
upon real property ; for aking, detaining, or injuring per¬ 
sonal property ; for injury to the rights of the plaintiff not 
arising on contract; for relief on the ground of fraud, four 
years. For libel, slander, assault and battery, false impris¬ 
onment, and upon a statute for a penalty or forfeiture, one 
year. 

In Michigan, actions of debt founded on contiact or Hjv 


LIMITATION OF ACTIONS 


377 


bility not under seal ; for arrears of rent; of assumpsit, or 
upon the case, founded on any contract cr liability express 
or implied ; of waste, of replevin, trover, and other actions 
for taking, detaining, or injuring goods or chattels ; and 
other actions on the case, six years. For trespass upon 
land, assault and battery, false imprisonment, slander, and 
libel, two years. Personal actions upon other contracts, ten 
years. 

In Indiana, actions on accounts and contracts not in wri¬ 
ting ; for rents of real property ; for detaining and injuring 
property ; and for relief against frauds, six years. For in¬ 
juries to person or character, and for a penalty or forfeiture 
given by statute, two years. 

In Illinois, actions of trespass, detinue, trover, and reple¬ 
vin ; for taking away goods and chattels ; for arrearages 
of rent due on a parol lease ; actions of account, and upon 
the case, Jive years. For assault, battery, wounding, and 
imprisonment, two years. For words, one year. Actions of 
debt on contracts under seal, and promissory notes, sixteen 
years. 

In Missouri, actions upon any writing, sealed or unsealed, 
for the direct payment of money or property, ten years. 
Upon contracts, express or implied ; upon a liability crea¬ 
ted by statute other than a penalty or forfeiture ; for tres¬ 
pass upon real estate ; for taking, detaining, or injuring 
goods and chattels, or for the recovery of specific personal 
property ; for injuries to the rights of persons, and for re¬ 
lief on the ground of frauds, Jive years. For penalty or for¬ 
feiture, where it is given to the party aggrieved, or to him 
or to the state, three years. Qui tam actions, one year after 
the commission of the offense ; if commenced by a state's 
attorney, two years. For libel, assault, imprisonment, &c., 
two years. 

In Iowa, actions of debt for rent; upon promissory notes 
or writings for the direct payment of money, or delivery of 
property ; and actions of assumpsit, six years. Actions for 
trespass, detinue, trover, and replevin ; for taking away 
goods, &c. ; for arrearages of rent due on parol lease ; ac¬ 
tions of account, and upon the cas t, Jive years. For assault, 
&c., and imprisonment, two years ; for slanderous words, 
one. year. 

In Wisconsin, actions of debt founded on contract or liar 


378 


CITIZEN’S MANUAL.. 


bility not under seal ; upon judgments in courts not of rt> 
cord ; for arrears of rent; of assumpsit, or on the case, 
founded on a contract or liability, express or implied ; for 
waste, and trespass on land ; of replevin, and other actions 
for taking, detaining, or injuring goods or chattels ; and 
other actions on the case, six years. For assault, &c., false 
imprisonment, slander, and libel, two years. 

In Minnesota, actions upon contracts ; upon liabilities 
created by statute, other than those for penalties or forfeit¬ 
ures ; for trespass upon real property ; for taking, detain¬ 
ing, or injuring personal property, and for the specific re¬ 
covery thereof; for injuries to the persons or rights of an¬ 
other not arising on obligation ; and for relief on the 
ground of fraud, six years. An action for libel, slander, as¬ 
sault, battery, and false imprisonment; and for a penalty 
to the state, two years. An action upon a statute for a 
penalty given in whole or in part to the prosecutor, one. 
year ; if not commenced by a private party, two years. For 
a penalty where the action is given to the party aggrieved, 
three years. 

In California, actions upon contracts, obligations, or lia¬ 
bilities, founded on instruments of writing generally, four 
years. Upon liabilities created by statute, other than pen¬ 
alties or forfeitures ; for trespass upon real property ; for 
taking, detaining, or injuring goods and chattels, and for 
the specific recovery of personal property ; and for relief 
on the ground of fraud, three years. Upon a contract or lia¬ 
bility not founded on an instrument of writing, except an 
open account, and articles charged in a store account, two 
years. For libel, slander, assault, battery, and false im¬ 
prisonment ; on an open account for goods, sold and deliv¬ 
ered, and for any article charged in a store account, one 
year. 

It is provided in most of the states, if not in all of them, 
that if a debtor departs from and resides without the state 
during any part of the time limited for commencing an ac¬ 
tion, the time of his absence is not to be taken as any part 
of that time ; and if a debtor so leaves the state before the 
cause of action accrues, the period of limitation is to be 
computed from the time of his return to tie state. 

In West Virginia no person may enter suit to recover 
on lands after ten years from the date in which the action 


LIMITATION OF ACTIONS. 


Oil) 

may have accrued to him; on bonds given by any fidu¬ 
ciary or public officer,, ten years; on action for settlement 
of copartnership accounts, five years ; limitations in bills 
of equity are confined to five years; on notes, bonds, and 
mercantile accounts, ten years. 

In Kansas, action for the recovery of property in cases 
of administration of wills must be commenced within five 
years; action in general on real property, fifteen years ; 
an action on any promise or contract in writing, five years ; 
specific recovery of personal property, three years ; suits 
for the recovery of lands sold on tax sales, within two 
years. Prosecution for capital crimes may be commenced 
at any time; for other criminal offences, two years. 

In Nevada there is no limitation of time for the com¬ 
mencement of suits in cases of murder, rape, arson, and 
treason. An indictment for other felonies must be laid 
within three years; for misdemeanors, within one year. 
Such time as the defendant may be out of the state after 
the commission of the act is not included within the time 
of limitation in any criminal offence. All lands conveyed 
by lease or otherwise, except in perpetual succession, are 
limited by the period of ten years. No action for the re¬ 
covery of lands, sold under the authority of executor or 
administrator, can hold unless commenced within three 
years after the sale of such property. No action in sure¬ 
ties of bonds given by any guardian can be initiated unless 
within three years of the time that false or illegal action 
is presumed to have commenced. Mechanics’ liens shall 
be good only for a period of six months after filing the 
same. 

In Nebraska action by liens for the recovery of estate 
sold by order of administrators or executors must be com¬ 
menced within two years from the time of issuing letters 
of probate; and in cases of ward and guardian, within 
ten years of the time of the cessation of guardianship; on 
mechanics’ lien, within five years. Actions barred by the 
laws of other states are also barred in Nebraska. Action 
for the recovery of lands, tenements, and hereditaments 
must be commenced within ten years after the time when 
the title was forfeited or passed into other hands. Actions 
on written contracts or promises, within five years. On 
other contracts and liabilities created by statute, four 


380 


CITIZEN’S MANUAL. 


years. Actions for libel, slander, malicious prosecution, 
or assault, one year. Action on the official bond of a 
public officer, ten years. Action for damages growing 
out of failure or want of consideration of contracts, four 
years. Miscellaneous actions of relief, four years. An 
action for trespass on real property, for specific recovery 
of personal property, relief on the ground of fraud, for 
an injury to the rights of plaintiff not specifically enumer¬ 
ated in the statute, four years. 

In Colorado actions for debt must be commenced with¬ 
in six years, and judgments of a court cease to be valid 
within the same period. Actions for assault, slander, 
false imprisonment must be commenced within a year. 
All personal actions accruing from other causes must be 
brought within three years. Bills for relief on action of 
fraud must be filed within three years. Bills for relief on 
cases of breach of trust must be brought within five 
years. 


DECLARATION OE INDEPENDENCE. 


381 


DECLARATION OF INDEPENDENCE. 

July 4th, 1776. 


A DECLARATION BY THE REPRESENTATIVES OF THE UNITED STATES 

of America, in [, general ] congress assembled.* 

When, in the course of human events, it be¬ 
comes necessary for one people to dissolve the 
political bands which have connected them with 
another, and to assume, among the powers of the 
earth, the separate and equal station to which the 
laws of nature and of nature’s God entitle them, 
a decent respect to the opinions of mankind, re¬ 
quires that they should declare the causes which 
impel them to the separation. 

We hold these truths to be self-evident: that 
all men are created equal; that they are endowed 
by their Creator with [inherent and\ unalienable certain 
rights; that among these are life, liberty, and 
the pursuit of happiness; that to secure these 
rights, governments are instituted among men, 
deriving their just powers from the consent of the 
governed; that whenever any form of govern¬ 
ment becomes destructive of these ends, it is the 
right of the people to alter or abolish it, and to 
institute a new government, laying its foundation 
on such principles, and organizing its powers in 
such form, as to them shall seem most likely to 
effect their safety and happiness. Prudence, in¬ 
deed, will dictate, that governments long estab¬ 
lished should not be changed for light and tran¬ 
sient causes; and accordingly a'l experience hath 

* This is a copy of the original draft of Jefferson, as reported to 
congress. The parts struck out by congress are printed in italics, 
and enclosed in brackets ; and the parts added are placed in the mar¬ 
gin, or in a concurrent column. 



382 


CITIZEN'S MANUAL. 


shown that mankind are more disposed to suffer 
while evils are sufferable, than to right them¬ 
selves, by abolishing the forms to which they are 
accustomed. But when a long train of abuses 
and usurpations [ begun at a distinguished period 
and ] pursuing invariably the same object, evinces 
a design to reduce them under absolute despot¬ 
ism, it is their right, it is their duty, to throw off 
such government, and to provide new guards for 
their future security. Such has been the patient 
sufferance of these colonies; and such is now the 
alter necessity which constrains them to [ expunge] 
their former systems of government. The his¬ 
tory of the present king of Great Britain, is a 
repeated history of [unremitting] injuries and usurpations, 
all having [among which appears no solitary fact to contra¬ 
dict the uniform tenor of the rest , but all have] 
in direct object the establishment of an absolute 
tyranny over these states. To prove this, let 
facts be submitted to a candid world, [for the 
truth of which we pledge a faith yet unsullied 
by falsehood.] 

He has refused his assent to laws the most 
wholesome, and necessary for the public good. 

He has forbidden his governors to pass laws of 
immediate and pressing importance, unless sus¬ 
pended in their operation, till his assent should 
be obtained; and when so suspended, he has 
utterly neglected to attend to them. 

He has refused to pass other laws for the ac¬ 
commodation of large districts of people, unless 
those people would relinquish the right of repre¬ 
sentation in the legislature, a right inestimable 
to them, and formidable to tyrants only. 

He has called together legislative bodies at 
places unusual, uncomfortable, and distant from 
the depository of their public records, for the sole 
purpose of fatiguing them into compliance with 
his measures. 

He has dissolved representative houses repeat¬ 
edly [and continually] for opposing, with manly 
firmness, his invasions on the rights of the people. 


D1 LARATION 01 INDEPENDENCE. 


383 


He has refused, for a long time after such dis¬ 
solutions, to cause others to be elected, whereby 
the legislative powers, incapable of annihilation, 
have returned to the people at large for their ex¬ 
ercise, the state remaining, in the mean time, ex¬ 
posed to all the dangers of invasion from without, 
and convulsions within. 

He has endeavored to prevent the population 
of these states; for that purpose obstructing the 
laws for naturalization of foreigners, refusing to 
pass others to encourage their migration hither, 
and raising the conditions of new appropriations 
of lands. 

He has [ suffered ] the administration of justice, obstructed 
[ totally to cease in some of these states, J refusing by 

his assent to laws for establishing judiciary 
powers. 

He has made \our\ judges dependent on his 
will alone for the tenure of their offices, and the 
amount and payment of their salaries. 

He has erected a multitude of new offices, [by 
a self-assumed power'] and sent hither swarms of 
new officers, to harass our people, and eat out 
their substance. 

He has kept among us in times of peace, stand¬ 
ing armies [ and ships of war] without the con¬ 
sent of our legislatures. 

He has affected to render the military indepen¬ 
dent of, and superior to. the civil power. 

He has combined with others, to subject us to 
a jurisdiction foreign to our constitutions, and un¬ 
acknowledged by our laws, giving his assent to 
their acts of pretended legislation, for quartering 
large bodies of armed troops among us; for pro¬ 
tecting them by a mrck trial from punishment 
for any murders whicl they should commit on the 
inhabitants of these ..ates; for cutting off our 
trade with all parts of the world; for imposing 
taxes on us without our consent; for depriving 
us [ ] of the benefits of trial by jury; for trans- in many cases 
polling us beyond seas, co be tried for pretended 
offenses; for abolishing the free system of Eng- 


384 


CITIZEN’S MANUAL 


■fish avvs, in a neighboring province; establishing 
theiein an arbitrary government, and enlarging 
its boundaries, so as to render it at once an ex¬ 
ample and fit instrument for introducing the same 
colonies absolute rule into these [statesf] for taking away 
our charters, abolishing our most valuable laws, 
and altering fundamentally the forms of our gov¬ 
ernments; for suspending our own legislatures, 
and declaring themselves invested with power to 
legislate for us, in all cases whatsoever, 
by declaring He has abdicated government here, [ with- 
us out of his drawing his governors, and declaring us out of 
protection, his allegiance and protection .] 
and waging He has plundered our seas, ravaged our coasts, 
war against burnt our towns, and destroyed the lives of our 
us. people. 

He is at this time transporting large armies of 
foreign mercenaries, to complete the works of 
death, desolation, and tyranny, already begun 
scarcely pa- with circumstances of cruelty and perfidy, [ ] 
ralleled in unworthy the head of a civilized nation, 
the most bar- He has constrained our fellow-citizens taken 
barons ages, captive on the high seas, to bear arms against 
and totally their country, to become the executioners of their 
friends and brethren, or to fall themselves by their 
hands. 

excited do- He has [ ] endeavored to bring on the inhabi- 
mesticinsur- tants of our frontiers, the merciless Indian sav- 
rections a- ages, whose known rule of warfare, is an undis- 
mongus,and tinguished destruction of all ages, sexes, and 
has conditions [of existence.'] 

[He has incited treasonable insurrections of 
our fellow-citizens, with the allurements of for¬ 
feiture, and confiscation of our property. 

He has waged cruel war against human na¬ 
ture itself, violating its most sacred rights of life 
and liberty, in the persons of a distant people , 
who never offended him, captivating and carry¬ 
ing them into s \avery in another hemisphere, or 
to incur miserable death in their transportation 
thither. This piratical warfare, the opprobrium 
of infidel powers, is the warfare of the Christian 


DECLARATION OF INDEPENDENCE. 


385 


king of Great Britain. Determined \o keep 
open a market, where men should be bought and 
sold, he has prostituted his negative for suppress¬ 
ing every legislative attempt to prohibit or to re¬ 
strain this execrable commerce. And that this 
assemblage of horrors might want no fact of dis¬ 
tinguished die, he is now exciting those very peo¬ 
ple to rise in arms among us, and to purchase 
that liberty of which he has deprived them, by 
murdering the people on whom he also obtruded 
them : thus paying off former crim,es committed 
against the liberties of one people, with crimes 
which he urges them to commit against the lives 
of another .] 

In every stage of these oppressions, we have 
petitioned for redress, in the most humble terms; 
our repeated petitions have been answered only 
by repeated injuries. 

A prince whose character is thus marked by 
every act which may define a tyrant, is unfit to 
be the ruler of a [ ] people, [who mean to be free 
free. Future ages will scarcely believe, that the 
hardiness of one man adventured, within the 
short compass of twelve years only, to lay a 
foundation so broad and so undisguised for ty¬ 
ranny, over a pcojrte fostered and fxed in prin- 
cij)les of freedom. 

Nor have we been wanting in attentions to our 
British brethren. We have warned them from 
*ime to time of attempts by their legislature, to 
extend [ a ] jurisdiction over [these our states .] an unwar* 
We have reminded them of the circumstances of rantable 
our emigration and settlement here, [no one of us 
which could warrant so strange a pretension: 
that these were effected at the expense of our own 
blood and treasure, unassisted by the wealth or 
the strength of Great Britain: that in consti¬ 
tuting indeed our several forms of government, 
we had adopted one common king, thereby laying 
a foundation for perpetual league and amity 
with them, but that submission to their parlia¬ 
ment, was no part of our constitutim, noi 


o86 


CITIZEN’S MANUAL. 


ever in idea, if history may be credited, and] 
have we [ ] appealed to their native justice and mag- 
and we have nanimity, [as well as to] the ties of our common 
conjured kindred to disavow these usurpations which 
them by [were likely to] interrupt our connection and 
would inevi- correspondence. They too have been deaf to the 
tably voice of justice and of consanguinity, [and when 

occasions have been given them, by the regular 
course of their laws, of removing from their 
councils the disturbers of our harmony, they 
have by their free election reestablished them in 
'power. At this very time, too, they are permit¬ 
ting their chief magistrate to send over not only 
soldiers of our common blood, but Scotch and 
foreign mercenaries, to invade and destroy us. 
These facts have given the last stab to agonizing 
affection, and manly spirit bids us to renounce 
forever these unfeeling brethren. We must en¬ 
deavor to forget our former love for them, and 
hold them as we hold the rest of mankind, ene¬ 
mies in war, in peace f riends. We might have 

been a free and a great people together ; but a 
communication of grandeur and of freedom, it 
seems, is below their dignity. Be it so, since 
We must they will have it. The road to happiness ana 
therefore to glory is open to us too. We will tread it 
apart from them, and ] acquiesce in the necessity 
and hold which denounces our [eternal] separation r 1! 
them as we 
hold the rest 
of mankind, 
enemies in 
war, in peace 
friends. 

We therefore, the represen¬ 
tatives of the United States of 
America, in general congress 
assembled, do in the name, and 
by the authority of the good 
people of these [states reject 
and renounce all allegiance 
and subjection to the kings of 


We therefore, the represen¬ 
tatives of the United States of 
America, in general congress 
assembled, appealing to the 
Supreme Judge of the world 
for the rectitude of our inten¬ 
tions, do in the name, and by 
the authority of the good peo 


DECLARATION OF INDEPENDENCE. 


387 


pie of these colonies, solemnly 
publish and declare, that these 
united colonies are, and of 
right ought to be, free and in¬ 
dependent states; that they 
are absolved from all allegiance 
to the British crown, and that 
all political connection be¬ 
tween them and the state of 
Great Britain is, and ought to 
be, totally dissolved; and that, 
as free and independent states, 
they have full power to levy 
war, conclude peace, contract 
alliances, establish commerce, 
and to do all other acts and 
things, which independent 
states may of right do. 

And for the support of this 
declaration, with a firm reli¬ 
ance on the protection of Di¬ 
vine Providence, we mutually 
pledge to each other our lives, 
our fortunes, and our sacred 
honor. 

The foregoing declaration was, by order of congress, en¬ 
grossed and signed by the following members: 

JOHN HANCOCK. 

New Hampshire. —Josiali Bartlett, William Whipple, Mat¬ 
thew Thornton. 

Massachusetts Bay. —Samuel Adams, John Adams, Robert 
Treat Paine, El bridge Gerry. 

Rhode Island —Stephen Hopkins, William Ellery., 
Connecticut. —Roger Sherman, Samuel Huntington, Wil¬ 
liam Williams, Oliver Wolcott. 

^ New York. —William Floyd, Philip Livingston, Francis 
Lewis, Lewis Morris. 

New Jersey. —Richard Stockton, John Witherspoon, Fran¬ 
cis Hopkinson, John Hart, Abraham Clark. 

Pennsylvania. —Robert Morris, Benjamin Rush, Benjamin 
Franklin, John Morton, George Clymer, James Smith, George 
Taylor, James Wilson, George Ross. 


Great Britain , and all others , 
who may hereafter claim by , 
through , or under them; we 
utterly dissolve all political 
connection which may hereto¬ 
fore have subsisted between us 
and the people or parliament 
of Great Britain ; andfinally 
we do assert and declare these 
colonies to be free and inde¬ 
pendent states ] and that, as 
free and independent states, 
they have full power to levy 
war, conclude peace, con¬ 
tract alliances, establish com¬ 
merce, and to do all other acts 
and things which independent 
states may of right do. And 
for the support of this declara¬ 
tion, we mutually pledge to 
each other our lives, our for¬ 
tunes, and our sacred honor. 


388 


CITIZEN’S MANUAL. 


Delaware .—Csesar Rodney, George Read, Thomas M’Kean. 
Maryland .—Samuel Chase, William Paca, Thomas Stone, 
Charles Carroll, of Carrollton. 

Virginia .—George Wythe, Richard Henry Lee, Thomas 
Jefferson, Benjamin Harrison, Thomas Nelson, Jr., Francis 
Lightfoot Lee, Carter Braxton. 

North Carolina .—William Hooper, Joseph Hewes, John 
Penn. 

South Carolina .—Edward Rutledge, Thomas Heyward, Jr., 
Thomas Lynch, Jr., Arthur Middleton. 

Georgia .—Button Gwinnett, Lyman Hall, George Walton. 


CONSTITUTION OF TIIE UNITED STATES 


389 


CONSTITUTION OF THE UNITED STATES. 


We, the people of the United States, in order to form a 
more perfect union, establish justice, insure domestic tran¬ 
quillity, provide for the common defense, promote the gen¬ 
eral welfare, and secure the blessings of liberty to ourselves 
and our posterity, do ordain and establish this Constitution 
for the United States of America. 

ARTICLE I. 

Section 1 . All legislative powers herein granted shall be 
vested in a congress of the United States, which shall con¬ 
sist of a senate and house of representatives. 

Sec. 2. The house of representatives shall be composed of 
members chosen every second year, by the people of the 
several states ; and the electors in each state shall have 
the qualifications requisite for electors of the most numerous 
branch of the state legislature. 

No person shall be a representative who shall not have 
attained to the age of twenty-five years, and been seven 
years a citizen of the United States, and who shall not, 
when elected, be an inhabitant of that state in which he 
shall be chosen. 

Representatives and direct taxes shall be apportioned 
among the several states which may be included within 
this union, according to their respective numbers, which 
shall be determined by adding to the whole number of free 
persons, including those bound to service for a term of 
years, and excluding Indians not taxed, three-fifths of all 
other persons. The actual enumeration shall be made 
within three years after the first meeting of the congress of 
the United States, and within every subsequent term of ten 
years, in such manner as they shall by law direct. The 
number of representatives shall not exceed one for every 
thirty thousand, but each state shall have at least one repre* 
sentative ; and until such enumeration shall be made, the 



390 


.TTI.EN’S MANUAL. 


state of New Hampshire shall be entitled to choose three,, 
Massachusetts, eight ; Rhode Island and Providence Planta* 
tions, one; Connecticut, Jive; New York, six; New Jersey, 
four ; Pennsylvania, eight; Delaware, one; Maryland, six, 
Virginia, ten; North Carolina, Jive; South Carolina, Jive, 
and Georgia, three. 

When vacancies happen in the representation from any 
state, the executive authority thereof shall issue writs of 
election to fill such vacancies. 

The house of representatives shall choose their speaker 
and other officers, and shall have the sole power of impeach¬ 
ment. 

Sec. 3. The senate of the United States shall be com¬ 
posed of two senators from each state, chosen by the legisla¬ 
ture thereof, for six years ; and each senator shall have one 
vote. 

Immediately after they shall be assembled in consequence 
of the first election, they shall be divided as equally as may 
be, into three clases. The seats of the senators of the first 
class shall be vacated at the expiration of the second year ; 
of the second class at the expiration of the fourth year ; 
and of the third class at the expiration of the sixth year ; 
so that one-third may be chosen every second year ; and if 
vacancies happen, by resignation or otherwise, during the 
recess of the legislature of any state, the executive thereof 
may make temporary appointments, until the next meeting 
of the legislature, which shall then fill such vacancies. 

No person shall be a senator who shall not have attained 
to the age of thirty years, and been nine years a citizen of 
the United States, and who shall not, when elected, be an 
inhabitant of that state for which he shall be chosen. 

The vice-president of the United States shall be president 
of the senate, but shall have no vote, unless they be equally 
divided. 

The senate shall choose their other officers, and also a 
president pro tempore, in the absence of the vice-president, 
or when he shall exercise the office of president of the 
United States. 

The senate shall have the sole power to try all impeach- 
merits : when sitting for that purpose, they shall be on oath 
or affirmation. When the president of the United States is 
tried, the chief-justice shall preside ; and nc person shall 


CONSTITUTION OF THE UNITED STATES. 391 

be convicted without the concurrence of two-thirds of the 
members present. 

Judgment, in cases of impeachment, shall not extend 
further than to removal from office, and disqualification to 
hold and enjoy any office of honor, trust, or profit, under the 
United States ; but the party convicted shall, nevertheless, 
be liable and subject to indictment, trial, judgment and 
punishment, according to law. 

Sec. 4. The times, places and manner of holding elections 
for senators and representatives, shall be prescribed in each 
state by the legislature thereof ; but the congress may at 
any time, by law, make or alter such regulations, except as 
to the places of choosing senators. 

The congress shall assemble at least once in every year ; 
and such meeting shall be on the first Monday in December, 
unless they shall, by law, appoint a different day. 

Sec. 5. Each house shall be the judge of the elections, 
returns and qualifications of its own members ; and a 
majority of each shall constitute a quorum to do business ; 
but a smaller number may adjourn from day to day, and 
may be authorized to compel the attendance of absent mem¬ 
bers, in such manner, and under such penalties, as each 
house ma}^ provide. 

Each house may determine the rules of its proceedings, 
punish its members for disorderly behavior, and, with the 
concurrence of two-thirds, expel a member. 

Each house shall keep a journal of its proceedings, and 
from time to time publish the same, excepting such parts 
as may, in their judgment, require secrecy ; and the yeas 
and nays of the members of either house, on any question, 
shall, at the desire of one-fifth of those present, be entered 
on the journal. 

Neither house, during the session of congress, shall, with¬ 
out the consent of the other, adjourn for more than three 
days, nor to any other place than that in which the two 
houses shall be sitting. 

Sec. 6. The senators and representatives shall receive a 
compensation for their services, to be ascertained by law, 
and paid out of the treasury of the United States. They 
shall, in all cases, except treason, felony, and breach of tho 
peace, be privileged from arrest during their attendance at 
the session of their respective houses, and in going to and 


392 


CITIZEN’S MANUAL. 


returning from the same : and for any speech or debate in 
cither house, they shall not be questioned in any other place 

No senator or representative shall, during the time foi 
which he was elected, be appointed to any civil office under 
the authority of the United States, which shall have been 
created, or the emoluments whereof shall have been in¬ 
creased, during such time ; and no person holding any office 
under the United States, shall be a member of either house 
during his continuance in office. 

Sec. 7. All bills for raising revenue shall originate in the 
house of representatives ; but the senate may propose, or 
concur with, amendments, as on other bills. 

Every bill which shall have passed the house of repre¬ 
sentatives and the senate, shall, before it become a law, be 
presented to the president of the United States ; if he ap¬ 
prove, he shall sign it; but if not, he shall return it, with 
his objections, to that house in which it shall have origi¬ 
nated, who shall enter the objections at large on their jour¬ 
nal, and proceed to reconsider it. If, after such reconsider¬ 
ation, two-thirds of that house shall agree to pass the bill, 
it shall be sent, together with the objections, to the other 
house, by which it shall likewise be reconsidered, and, if 
approved by two-thirds of that house, it shall become a law. 
But, in all such cases, the votes of both houses shall be de¬ 
termined by yeas and nays, and the names of the persons 
voting for and against the bill shall be entered on the jour¬ 
nal of each house respectively. If any bill shall not be re¬ 
turned by the president within ten days (Sundays excepted) 
after it shall have been presented to him, the same shall be 
a law, in like manner as if he had signed it, unless the con¬ 
gress, by their adjournment, prevent its return, in which 
case it shall not be a law. 

Every order, resolution or vote, to which the concurrence 
of the senate and house of representatives may be necessary, 
(except on a question of adjournment,) shall be presented 
to the president of the United States, and before the same 
shall take effect, shall le approved by him, or, being disap¬ 
proved by him, shall be repassed by two-thirds of the senate 
and house of representatives, according to the rules and 
limitations prescribed in the case of a bill. 

Sec. 8. The congress shall have power : 

To lay and collect taxes, duties, imposts, and excises, to 


CONSTITUTION OF TIIE UNITED STATES. 


3.93 


pay the debts and provide for the common defense and gen¬ 
eral welfare of !he United States ; but all duties, imposts, 
and excises shall be uniform throughout the United States : 

To borrow money on the credit of the United States : 

To regulate commerce with foreign nations, and among 
the several states, and with the Indian tribes : 

To establish a uniform rule of naturalization, and uniform 
laws on the subject of bankruptcies throughout the United 
States : 

To coin money ; to regulate the value thereof, and of 
foreign coin ; and fix the standard of weights and mea¬ 
sures : 

To provide for the punishment of counterfeiting the secu¬ 
rities and current coin of the United States : 

To establish post offices and post roads : 

To promote the progress of science and useful arts, by 
securing for limited times, to authors and inventors, the 
exclusive right to their respective writings and discoveries : 

To constitute tribunals inferior to the supreme court: 

To define and punish piracies and felonies committed on 
the high seas, and offenses against the law of nations : 

To declare war ; grant letters of marque and reprisal ; 
and make rul^es concerning captures on land and water : 

To raise and support armies ; but no appropriation of 
money to that use shall be for a longer term than two 
years : 

To provide and maintain a navy: 

To make rules for the government and regulation of the 
land and naval forces : 

To provide for calling forth the militia to execute the 
laws of the union, suppress insurrections, and repel inva¬ 
sions : 

To provide for organizing, arming and disciplining the 
militia, and for governing such part of them as may be em¬ 
ployed in the service of the United States ; reserving to the 
states respectively, the appointment of the officers, and the 
authority of training the militia, according to the discipline 
prescribed by congress : 

To exercise exclusive legislation in all cases whatsoever, 
over such district (not exceeding ten miles square) as may, 
by cession of particular states, and the acceptance of con¬ 
gress, become the seat of the government of the United 


394 


CITIZEN’S MANUAL. 


States, and to exercise like authority over all places pur- 
chased by the consent of the legislature of the state in which 
the same shall be, for the erection of forts, magazines, arsen¬ 
als, dockyards, and other needful buildings : And, 

To make all laws which shall be necessary and proper 
for carrying into execution the foregoing powers, and all 
other powers vested by this constitution in the government 
of the United States, or in any department or officer thereof. 

Sec. 9. The migration or importation of such persons as 
any of the states now existing, shall think proper to admit, 
shall not be prohibited by the congress prior to the year 
one thousand eight hundred and eight ; but a tax or duty 
may be imposed on such importation, not exceeding ten 
dollars for such person : 

The privilege of the writ of habeas corpus shall not be 
suspended unless when, in cases of rebellion or invasion, 
the public safety may require it. 

No bill of attainder or ex post facto law shall be passed. 

No capitation or other direct tax shall be laid, unless in 
proportion to the census or enumeration hereinbefore di¬ 
rected to be taken. 

No tax or duty shall be laid on articles exported from any 
state. No preference shall be given, by any regulation of 
commerce or revenue, to the ports of one state, over tnose 
of another ; nor shall vessels bound to or from one stave be 
obliged to enter, clear, or pay duties in another. 

No money shall be drawn from the treasury, but in con¬ 
sequence of appropriations made by law ; and a regular 
statement and account of the receipts and expenditures of 
all public money shall be published from time to time. 

No title of nobility shall be granted by the United States ; 
and no person holding any office of profit or trust under 
them shall, without the consent of the congress, accept of 
any present, emolument, office, or title of any kind what¬ 
ever, from any king, prince, or foreign state. 

Sec. 10. No state shall enter into any treaty, alliance, or 
confederation ; grant letters of marque and reprisal ; coin 
money ; emit bills of credit; make anything but goid and 
silver coin a tender in payment of debts ; pass any bill of 
attainder, ex post facto law, or law impairing the obligation 
of contracts ; or grant any title of nobility. 

No state shall, without the consent Df the congress, lay 


CONSTITUTION OF TIIE UNITED STATES 395 

any imposts or duties on imports or exports, except what 
may be absolutely necessary for executing its inspection 
laws : and the net produce of all duties and imposts laid 
by any state on imports or exports, shall be for the use of 
the treasury of the United States ; and all such laws shall 
be subject to the revision and control of the congress. No 
state shall, without the consent of congress, lay any duty 
of tonnage, keep troops or ships of war in time of peace, 
enter into any agreement or compact with another state, or 
with a foreign power, or engage in war, unless actually 
invaded, or in such imminent danger as will not admit of 
delay. 

ARTICLE II. 

Section 1 . The executive power shall be vested in a pre¬ 
sident of the United States of America. He shall hold his 
office during the term of four years, and, together with the 
vice-president, chosen for the same term, be elected as 
follows : 

Each state shall appoint, in such manner as the legisla¬ 
ture thereof may direct, a number of electors, equal to the 
whole number of senators and representatives to which the 
state may be entitled in the congress ; but no senator or 
representative, or person holding an office of trust or profit 
under the United States, shall be appointed an elector. 

The electors shall meet in their respective states, and 
vote by ballot for two persons, of whom one at least shall 
not be an inhabitant of the same state with themselves. 
And they shall make a list of all the persons voted for, and 
of the number of votes for each, which list they shall sign 
and certify, and transmit, sealed, to the seat of the govern¬ 
ment of the United States, directed to the president of the 
senate. The president of the senate shall, in the presence 
of the senate and house of representatives, open all the cer¬ 
tificates, and the votes shall then be counted. The person 
having the greatest number of votes shall be the president, 
if such number be a majority of the whole number of elec¬ 
tors appointed ; and if there te more than one who have 
such majority, and have an equal numler of votes, then the 
house of representatives shall immediately choose by ballot 
one of them for president; and if no person have a majority, 
then, from the five highest on the list, the said house shall, 


396 


citize: s manual. 


in like manner, choose the president. But in choosing 1 the 
president, the votes shall be taken by states, the represen¬ 
tation from each state having one vote : a quorum for this 
purpose shall consist of a member or members from two- 
thirds of the states, and a majority of the states shall be 
necessary to a choice. In every case, after the choice of 
the president, the person having the greatest number'of 
votes of the electors, shall be the vice-president. But if 
there should remain two or more who have equal votes, 
the senate shall choose from them, by ballot, the vice- 
president. 

[By the 12th article of amendment, the above clause has 
been repealed.] 

The congress may determine the time of choosing the 
electors, and the day on which they shall give their votes, 
which day shall be the same throughout the United States. 

No person, except a natural born citizen, or a citizen of 
the United States at the time of the adoption of this consti¬ 
tution, shall be eligible to the office of president; neither 
shall any person be eligible to that office who shall not have 
attained to the age of thirty-five years, and been fourteen 
years a resident within the United States. 

In case of the removal of the president from office, or of 
his death, resignation, or inability to discharge the powers 
and duties of the said office, the same shall devolve on the 
vice-president, and the congress may, by law, provide for 
the case of removal, death, resignation, or inability, both 
of the president and vice-president, declaring what officer 
shall then act as president; and such officer shall act ac¬ 
cordingly, until the disability be removed, or a president 
shall be elected. 

The president shall, at stated times, receive for his ser- 
vises a compensation, which shall neither be increased nor 
diminished during the period for which he shall have been 
elected ; and he shall not receive, within that period, any 
other emolument from the United States, or any of them. 

Before he enter on the execution of his office, he shah 
take the following oath or affirmation : 

“Ido solemnly swear (or affirm) that I will faithfully 
execute the office of President of the United States ; and 
will, to the best of my ability, preserve, protect, and defend 
the constitution of the United States” 


CONSTITUTION OF THE UNITED STATES. 397 

Sec. 2 . The president shall be commander-in-cbief of the 
army and navy of the United States, and of the militia of 
the several states, when called into the actual service of 
the United States ; he may require the opinion, in writing, 
of the principal officer in each of the executive departments, 
upon any subject relating to the duties of their respective 
offices ; and he shall have power to grant reprieves and 
pardons for offenses against the United States, except in 
cases of impeachment. 

He shall have power by and with the advice and consent 
of the senate, to make treaties, provided two-thirds of the 
senators present concur : and he shall nominate, and by 
and with the advice and consent of the senate, shall appoint 
ambassadors, other public ministers and consuls, judges of 
the supreme court, and all other officers of the United States, 
whose appointments are not herein otherwise provided for, 
and which shall be established by law : but the congress 
may, by law, vest the appointment of such inferior officers 
as they think proper, in the president alone, in the courts 
of law, or in the heads of departments. 

The president shall have power to fill up all vacancies that 
may happen during the recess of the senate, by granting com¬ 
missions which shall expire at the end of their next session. 

Sec. 3 . He shall from time to time give to the congress 
information of the state of the union ; and recommend to 
their consideration such measures as he shall judge neces¬ 
sary and expedient. He may, on extraordinary occasions, 
convene both houses, or either of them ; and in case of dis¬ 
agreement between them, with respect to the time of ad¬ 
journment, he may adjourn them to such time as he shall 
think proper. He shall receive ambassadors and other pub¬ 
lic ministers. He shall take care that the laws be faith¬ 
fully executed ; and shall commission all the officers of the 
United States. 

Sec. 4. The president, vice-president, and all civil officers 
of the United States, shall be removed from office on im¬ 
peachment for, and conviction of, treason, t ribery, or other 
high crimes and misdemeanors. 

ARTICLE III. 

Section 1. The judicial power of the United States shall 
be vested in one supreme court, and in such inferior courts 


3S8 


CITIZEN’S MANUAL 


as the congress may, from time to time, ordain and estab 
lish. The judges both of the supreme and inferior courts, 
shall hold their offices during good behavior ; and shall, at 
stated times, receive for their services a compensation, 
which shall not be diminished during their continuance in 
office. 

Sec. 2. The judicial power shall extend to all cases in law 
and equity, arising under this constitution, the laws of the 
United States and treaties made, or which shall be made, 
under their authority ; to all cases affecting ambassadors, 
other public ministers, and consuls ; to all cases of admi¬ 
ralty and maritime jurisdiction ; to controversies to which 
the United States shall be a party, to controversies between 
two or more states ; between a state and citizens of another 
state ; between citizens of different states ; between citi 
zens of the same state claiming lands under grants of 
different states ; and between a state, or the citizens there¬ 
of ; and foreign states, citizens or subjects. 

In all cases affecting ambassadors, other public ministers 
and consuls, and those in which a state shall be a party, 
the supreme court shall have original jurisdiction. In all 
the other cases before mentioned, the supreme court shall 
have appellate jurisdiction, both as to law and fact, with 
such exceptions, and under such regulations, as the con¬ 
gress shall make. 

The trial of all crimes, except in cases of impeachment, 
shall be by jury ; and such trial shall be held in the state 
where the said crimes shall have been committed ; but 
when not committed within any state, the trial shall be 
at such place or places as the congress may by law have 
directed. 

Sec. 3. Treason against the United States shall consist 
only in levying war against them, or in adhering to their 
enemies, giving them aid and comfort. No person shall, 
be convicted of . treason, unless on the testimony of two. 
witnesses to the same overt act, or on confession in open 
court. 

The congress shall have power to declare the punish¬ 
ment of treason ; but no attainder of treason shall work 
corruption of blood, or forfeiture, except during the life o.( 
the person attainted. 


CONSTITUTION GIT THE UNITED STATES. 


399 


ARTICLE IV. 

Section 1. Full faith and credit shall be given, in each 
state, to the public acts, records, and judicial proceedings 
of every other state. And the congress may, by general 
laws, prescribe the manner in which such acts, records, 
and proceedings shall be proved, and the effect thereof. 

Sec. 2. The citizens of each state shall be entitled to all 
the privileges and immunities of citizens in the several 
states. 

A person charged in any state with treason, felony, or 
other crime, who shall flee from justice, and be found in 
another state, shall, on demand of the executive authority 
of the state from which he fled, be delivered up, to be re¬ 
moved to the state having jurisdiction of the crime. 

No person held to service or labor in one state, under 
the laws thereof, escaping into another, shall, in conse¬ 
quence of any law or regulation therein, be discharged from 
such service or labor; but shall be delivered up on claim 
of the party to whom such service or labor may be due. 

Sec. 3. New states may be admitted by the congress 
into this union ; but no new state shall be formed or erected 
within the jurisdiction of any other state, nor any state be 
formed by the junction of two or more states, or parts of 
states, without the consent of the legislatures of the states 
concerned, as well as of the congress. 

The congress shall have power to dispose of, and make 
all needful rules and regulations respecting the territory or 
other property belonging to the United States ; and nothing 
in this constitution shall be so construed as to prejudice 
any claims of the United States, or of any particular state. 

Sec. 4. The United States shall guaranty to every state 
in this union, a republican form of government; and shall 
protect each of them against invasion, and on application 
of the legislature, or of the executive (when the legislature 
cannot be convened) against domestic violence. 

ARTICLE V. 

The congress, whenever two-thirds of both houses shall 
deem it necessary, shall propose amendments to this con¬ 
stitution, or on the application of the legislatures of two- 
thirds of the several states, shall call a convention for pro- 


400 


CITIZEN’S MANUAL. 


posing amendments ; which, in either case, shall be valid 
to all intents and purposes, as part of this constitution, 
when ratified by the legislatures of three-fourths of the 
several states, or by conventions in three-fourths thereof, 
as the one or the other mode of ratification may be proposed 
by the congress : Provided, that no amendment which may 
be made prior to the year one thousand eight hundred and 
eight, shall in any manner affect the first and fourth clauses 
in the ninth section of the first article ; and that no state, 
without its consent, shall be deprived of its equal suffrage 
in the senate. 

ARTICLE VI. 

All debts contracted, and engagements entered into, be¬ 
fore the adoption of this constitution, shall be as valid 
against the United States under this constitution, as under 
the confederation. 

This constitution, and the laws of the United States 
which shall be made in pursuance thereof, and all treaties 
made or which shall be made under the authority of the 
United States, shall be the supreme law of the land, and 
the judges in every state shall be bound thereby, any 
thing in the constitution or laws of any state to the con¬ 
trary notwithstanding. 

The senators and representatives before mentioned, and 
the members of the several legislatures, and all executive 
and judicial officers, both of the United States and of the 
several states, shall be bound, by oath or affirmation, to 
support this constitution ; but no religious test shall ever 
be required as a qualification to any office or public trust 
under the United States. 

ARTICLE VII. 

The ratification of the conventions of nine states shall 
be sufficient for the establishment of this constitution be¬ 
tween the states so ratifying the same. 

Done in convention, by the unanimous consent of the states 
present, the seventeenth day of September, in the year of 
our Lord one thousand seven hundred and eighty-seven, 
and of the Independence of the United States of America, 
the twelfth. In witness whereof we have hereunto sub¬ 
scribed our names. 

GEORGE WASHINGTON, 
President , and Deputy from Virginia* 


CONSTITUTION OF THE UNITED STATES. 


401 


New Hampshire. —John Langdon, Nicholas Gilman. 

Massachusetts. —Nathaniel Gorham, Rufus King. 

Connecticut. —Wm. Samuel Johnson, Roger Sherman. 

New York. —Alexander Hamilton. 

New Jersey. —William Livingston, David Brearly, Wil¬ 
liam Paterson, Jonathan Dayton. 

r Pennsylvania. —Benjamin Franklin, Robert Morris, 
Thomas Fitzsimmons, James Wilson, Thomas Mifflin, 
George Clymer, Jared Ingersoll, Gouverneur Morris. 

Delaware— George Read, Gunning Bedford, Jr., John 
Dickinson, Richard Bassett, Jacob Broom. 

Maryland. —James McHenry, Daniel of St. Thomas 
Jenifer, Daniel Carroll. 

Virginia. —John Blair, James Madison, Jr. 

North Carolina. —William Blount, Richard Dobbs 
Spraight, Hugh Williamson. 

South Carolina. —John Rutledge, Charles Pinckney, 
Pierce Butler, Charles Cotesworth Pinckney. 

Georgia. —William Few, Abraham Baldwin. 

Attest: William Jackson, Secretarg. 

The constitution was signed by all the members pres¬ 
ent, except Edmund Randolph and George Mason, of 
Virginia, and Elbridge Gerry, of Massachusetts, who de¬ 
clined giving it the sanction of their names. 

Whilst the last members were signing, Dr. Franklin, 
looking towards the president’s chair, on the back of 
which a rising sun happened to be painted, observed to a 
few members near him, that painters had found it difficult 
to distinguish, in their art, a rising from a setting sun. 
“ I have,” said he, “ often and often, in the course of the 
session, and the vicissitudes of my hopes and fears as to 
its issue, looked at that behind the president, without r 
being able to tell whether it was rising or setting ; but 
now, at length, I have the happiness to know that it is a 
rising and not a setting sun.” 

The following are the names of delegates who were 
absent. Those whose names are in Italic never attended. 

New Hampshire.—John Pickering , Penjamin West, 

Massachusetts. —Caleb Strong, Francis Dana. 

Connecticut. —Oliver Ellsworth. 

New York. —Robert Yates, John Lansing. 


402 


CITIZEN’S MANUAL. 


New Jersey. —William C. Houston, John Nelson, Abra- 
ham dJla^Jc 

Maryland. —John Francis Mercer, Luther Martin. 

Virginia. —George Wythe, Patrick Henry , (declined 
attending,) James McClurg, (in room of P. Henry.) 

North Carolina. —Alexander Martin, William R. Davie, 
llichard Caswell , resigned,* Willie Jones , declined.* 

Georgia. —William Pierce, William Houston, Nathan¬ 
iel Pendleton, George Walton. 


AMENDMENTS. 


Article I. Congress shall make no law respecting an 
establishment of religion, or prohibiting the free exercise 
thereof ; or abridging the freedom of speech or of the 
press ; or the right of the people peaceably to assemble, 
and to petition the government for a redress of grievances. 

Art. II. A well regulated militia being necessary to the 
security of a free state, the right of the people to keep 
and bear arms shall not be infringed. 

Art. III. No soldier shall, in time of peace, be quartered 
in any house without the consent of the owner, nor in a 
time of war, but in a manner to be prescribed by law. 

Art. IV. The right of the people to be secure in their 
persons, houses, papers and effects, against unreasonable 
searches and seizures, shall not be violated ; and no war¬ 
rant shall issue, but upon probable cause, supported by 
oath or affirmation, and particularly describing the place 
to be searched, and the persons or things to be seized. 

Art. V. No person shall be held to answer for a capital 
or otherwise infamous crime, unless on a presentment or 
indictment of a grand jury, except in cases arising in the 
land or naval forces, or in the militia when in actual ser¬ 
vice, in time of war or public danger ; nor shall any person 
be subject, for the same offense, to be twice put in jeopardy 
of life or limb, nor shall be compelled, in any criminal case, 
to be a witness against himself ; nor be deprived of life, 
liberty or property, without due process of law ; nor shall 

* William Blount, appointed in the room of Mr. Caswell, and Hugh William¬ 
son, in the room of Mr. Jones, both signed the constitution. 



AMENDMENTS TO THE CONSTITUTION. 403 

private property be taken for public use, without just 
compensation. 

Art. YI. In all criminal prosecutions, the accused shall 
enjoy the right to a speedy and public trial, by an impartial 
jury of the state and district wherein the crime shall have 
been committed, which district shall have been previously 
ascertained by law, and to be informed of the nature and 
cause of the accusation ; to be confronted with the wit¬ 
nesses against him ; to have compulsory process for ob¬ 
taining witnesses in his favor, and to have the assistance 
of counsel for his defense. 

Art. VII. In suits at common law, where the value in 
controversy shall exceed twenty dollars, the right of trial 
by jury shall be preserved, and no fact tried by a jury 
shall be otherwise reexamined in any court of the United 
States, than according to the rules of the common law. 

Art. VIII. Excessive bail shall not be required, nor ex¬ 
cessive fines imposed, nor cruel and unusual punishments 
inflicted. 

Art. IX. The enumeration in the constitution, of cer¬ 
tain rights, shall not be construed to deny or disparage 
others retained by the people. 

Art. X. The powers not delegated to the United States, 
by the constitution, nor prohibited by it to the states, are 
reserved to the states respectively, or to the people. 

Art. XI. The judicial power of the United States shall 
not be construed to extend to any suit in law or equity, 
commenced or prosecuted against one of the United 
States by citizens of another state, or by citizens or sub¬ 
jects of any foreign state. 

Art. XII. The electors shall meet in their respective 
states, and vote by ballot for president and vice-president, 
one of whom, at least, shall not be an inhabitant of the 
same state with themselves ; they shall name in their bal¬ 
lots the person voted for as president, and in distinct ballots 
the person voted for as vice-president, and they shall make 
distinct lists of all persons voted for as president, and of 
all persons voted for as vice-president, and of the number 
of votes for each, which lists they shall sign and certify, 
and transmit sealed to the seat of the government of the 
United States, directed to the president of the senate ;— 
the president of the senate shall, in the presence of the 
senate and house of representatives, open all the certifi- 


404 


CITIZEN’S MANUAL. 


cates, and the votes shall then be counted ;—the person 
having the greatest number of votes for president, shall be 
the president, if such number be a majority of the whole 
number of electors appointed ; and if no person have such 
majority, then, from the persons having the highest num¬ 
bers, not exceeding three, on the list of those voted for as 
president, the house of representatives shall choose imme¬ 
diately, by ballot, the president. But in choosing the 
president, the votes shall be taken by states, the represen¬ 
tatives from each state having one vote ; a quorum for 
this purpose shall consist of a member or members from 
two-thirds of the states, and a majority of all the states 
shall be necessary to a choice. And if the house of repre¬ 
sentatives shall not choose a president whenever the right 
of choice shall devolve upon them, before the fourth day 
of March next following, then the vice-president shall act 
as president, as in the case of the death or other constitu¬ 
tional disability of the president. The person having the 
greatest number of votes as vice-president, shall be the 
vice-president, if such number be a majority of the whole 
number of electors appointed, and if no person have a 
majority, then, from the two highest numbers on the list, 
the senate shall choose the vice-president ; a quorum for 
the purpose shall consist of two-thirds of the whole num¬ 
ber of senators, and a majority of the whole number shall 
be necessary to a choice. But no person constitutionally 
ineligible to the office of president shall be eligible to 
that of vice-president of the United States/ 

Art. XIII. § 1. Neither slavery nor involuntary servi¬ 
tude, except as a punishment for crime, whereof the party 
shall have been duly convicted, shall exist within the 
United States or any place subject to their jurisdiction. 

§ 2. Congress shall have power to enforce this article 
by appropriate legislation. 

Art. XIV. § 1. All persons born or naturalized in the 
United States, and subject to the jurisdiction thereof, are 
citizens of the United States and of the state wherein they 
reside. No state shall make or enforce any law which 
shall abridge the privileges or immunities of citizens of 
the United States. Nor shall any state deprive any per¬ 
son of life, liberty, or property without due process of 
law, nor deny to any person within its jurisdiction the 
equal protection of the laws. 


AMENDMENTS TO THE CONSTITUTION. 


405 


§ 2. Representatives shall be apportioned among the 
several states according to their respective numbers, 
counting the whole number of persons in each state, ex¬ 
cluding Indians not taxed. But when the right to vote at 
any election for choice of electors for president and 
vice-president of the United States, representatives in con¬ 
gress, the executive and judicial officers of a state, or the 
members of the legislature thereof, is denied to any of the 
male inhabitants of such state, being twenty-one years 
of age, and citizens of the United States, or in any way 
abridged, except for participation in rebellion or other 
crime, the basis of representation therein shall be reduced 
in the proportion which the number of such male citizens 
shall bear to the whole number of male citizens twenty- 
one years of age in such state. 

§ 3. No person shall be a senator or representative in 
congress, or elector of president and vice-president, or hold 
any office, civil or military, under the United States or 
under any state, who, having previously taken an oath as 
a member of congress, or as an officer of the United States, 
or as a member of any state legislature, or as an executive 
or judicial officer of any state, to support the constitution 
of the United States, shall have engaged in insurrection 
or rebellion against the same, or given aid or comfort to 
the enemies thereof, but congress may, by a vote of two- 
thirds of each house, remove such disability. 

§ 4. The validity of the public debt of the United 
States authorized by law, including debts incurred for 
payment of pensions and bounties for services in sup¬ 
pressing insurrection or rebellion, shall not be questioned. 
jBut neither the United States nor any state shall assume 
or pay any debt or obligation incurred in aid of insurrec¬ 
tion or rebellion against the United States, or any claim for 
the loss or emancipation of any slave ; but all such debts, 
obligations, and claims, shall be held illegal and void. 

§ 5. The congress shall have power to enforce, by ap¬ 
propriate legislation, the provisions of this article. 

Art. XV. § 1. The right of citizens of the United 
States to vote shall not be denied or abridged by the 
United States, or by any state, on account'of race, color, 
or previous condition of servitude. 

§ 2. The congress shall have power to enforce this 
article by appropriate legislation. 


406 


CITIZEN’S MANUAL. 


POLITICAL PARTIES: 

THEIR PRINCIPLES AND MEASURES; WITH PRACTICAL 
OBSERVATIONS. 

FROM THE REVOLUTION TO MONROE’S ADMINISTRATION, INCLUSIVE. 

The earliest parties in this country were the Whigs and 
Tories of the Revolution. These names had their origin in 
England about two hundred years ago. Those who sup¬ 
ported the king in his high claims to power were called 
tories; and those who contended for the rights of the people 
were called whigs. These names were applied, during the 
revolution, to the friends and opponents of the independ¬ 
ence of the states. Those who supported the principles 
of the revolution were called whigs, and those who op¬ 
posed them were called tories and royalists . 

The first parties under the present government had their 
origin in the convention which framed the constitution. 
The difference of opinion which prevailed in that conven¬ 
tion has been stated in those chapters of this work which 
treat of the Government of the United States. Some of 
the members of that body, it will be recollected, Tvere in 
favor of continuing the government of the confederation, 
in which the states were equal. They were opposed to the 
surrender, by the states, of so large a portion of their sov- 
reignty to the general government, which, they feared, 
would encroach upon the rights of the states. From their 
attachment to the plan of the confederation they were 
called federalists / and the friends of the new plan were 
called anti-f zderalists. But the names of these parties were 
soon reversed.. Whilst the constitution was before the 
people for consideration, one of the principal reasons urged 
by its friends in favor of its ratification by the states, was, 
that the old plan was inadequate to the preservation of the 
union ; that the confederation of the states, or federal 
union, could be preserved only by adopting the constitu¬ 
tion ; and its friends assumed the name of federalists, and 
their opponents were called anti-federalists. 


POLITICAL PARTIES. 


407 


Among the federalists of that time whose names are 
most familiar to the American people, were Gen. Washing¬ 
ton, John Adams, James Madison, Alexander Hamilton, 
John Jay, John Marshall, and others. The writings of 
Madison, Hamilton, and Jay, aided much in determining 
the votes of several of the states in favor of the constitu¬ 
tion. They were published in successive numbers ; and 
though written by three different individuals, all the articles 
were signed “ Publius.” They are regarded as a masterly 
exposition and defense of the constitution. They were 
afterwards published in a volume, entitled “ The Feder¬ 
alist,” which continues to be a standard constitutional 
text-book for American Statesmen. 

Notwithstanding the division of sentiment here noticed, 
Gen. Washington was unanimously chosen president by 
the electors ; and notwithstanding the leading measures 
of his administration were opposed from its commence¬ 
ment, there seems to have been for several years no organ¬ 
ized opposition party. To Washington personally there 
was never any open opposition to any considerable extent; 
his second election, like the first, being unanimous. 

The earliest measures of his administration which re¬ 
ceived any opposition, were his financial measures. One of 
these was the funding of the public debt. That part of the 
scheme which was deemed most objectionable was the 
proposition that the general government should assume 
the debts of the states contracted during the war. Another 
measure was the incorporation of a national bank, in 1791. 
Upon this question his cabinet, then consisting of four offi¬ 
cers, was equally divided; and the president himself appears 
to have had doubts as to its constitutionality ; but upon 
mature deliberation he signed the act of incorporation. 

Washington’s foreign policy also encountered much op¬ 
position. France was in the midst of a revolution. In the 
war of Europe, then existing, Great Britain and France 
were the principal belligerents. France had, by her aid in 
the cause of our revolution, justly gained the sympathies of 
the people of this country ; and many were in favor of our 
taking part with her against Great Britain. The president, 
though friendly to France, deemed it inexpedient to involve 
this country in*that war, and determined to maintain a strict 
neutrality. The stand thus taken upon this question sub- 


408 


CITIZEN’S MANUAL. 


jected his administration to the charge of being partial to 
Great Britain. This partiality was also inferred from our 
treaties with the British government. This French and 
English feeling continued an element in the division of 
parties during a period of nearly twenty-five years. 

The opponents of the federalists at length took the name 
of the republican party , and, at the expiration of the pres¬ 
idential term of John Adams, obtained the control of the 
government, having elected their leader, Thomas Jefferson, 
president over Mr. Adams, who was a candidate for re- 
election. These parties continued under the distinctive 
names of federal and republican, until the disbandment of 
the federal party, which took place soon after the close of 
the second war with Great Britain. 

One of the causes of the unpopularity and decline of the 
federal party, was the passage of two acts during Mr. 
Adams’ administration, called the alien and sedition laws. 
The alien law, entitled, “An act concerning aliens,” au¬ 
thorized the president to order out of the country any alien 
suspected of any treasonable purpose, or deemed dangerous 
to the peace and safety of the country, unless satisfactory 
proof should be given that no injury or danger should arise 
from his residing here. The other law was entitled, “An act 
in addition to ‘An act for the punishment of certain crimes 
against the United States but it is universally spoken 
of as “ the sedition law.” This law provided for punishing 
persons for conspiring to oppose any measure of the gov¬ 
ernment, or for hindering any public officer in discharging 
his duties ; and also for punishing any person for slander¬ 
ing or libeling the government, congress, or the president. 
Although these acts were well-intended, and approved by 
wany wise and good men, among whom were Washington 
and Patrick Henry, as being necessary to check the influ¬ 
ence of numerous meddlesome foreigners then in the coun¬ 
try, who were active in exciting opposition to the admin¬ 
istration, and were. combined in organized associations 
which were considered dangerous to the peace of the 
United States, they were nevertheless disapproved by a 
majority of the people, who regarded them as infringe¬ 
ments upon popular rights, especially upon the freedom 
of speech and of the press. 

These laws gave rise to the famed Virginia and Kentucky 


POLITICAL PARTIES. 


409 


resolutions of 1798, which were adopted as the creed of the 
old republican party. Those passed by the Virginia legis¬ 
lature were drawn up by Mr. Madison. They declared that 
the constitution of the United States was a compact to 
which the states were parties, granting limited powers. 
That in case of a deliberate, palpable, and dangerous exer¬ 
cise of other powers not granted, it was the right and duty of 
the states to interpose for arresting the progress of the evils, 
and for maintaining the rights of the states within their 
respective limits. And that the alien and sedition laws 
were palpable and alarming infractions of the constitution. 

The resolutions of the Kentucky legislature were draft¬ 
ed by Mr. Jefferson, and went still further in asserting the 
doctrine of state rights. They declared the union to be a 
compact between the states as states; that as the parties to 
this compact had no common judge, each party had an 
equal right to judge for itself of the constitutionality of a 
law of congress, as well as of the mode and measure of 
redress ; and that where powers were assumed which were 
not delegated, a nullification of the act was the right 
remedy. These resolutions were transmitted to the legis¬ 
latures of the several states, with the request that they 
should concur in declaring these laws void, and in request¬ 
ing congress to repeal them. But as many of the states 
were still under federal influence, these resolutions received 
no favorable response from any of the states ; in several 
of them they were expressly disapproved. It was to these 
resolutions that the nullifiers of South Carolina referred in 
1832 for authority to sanction their meditated resistance 
to the collection of duties in that state. 

The doctrine of state sovereignty, to the extent asserted 
by the Kentucky resolutions, probably never received the 
unanimous assent of the republican statesmen. According 
to Mr. Madison’s own exposition of the constitution, not the 
states, as states , but the people of the several states , were 
parties to the compact ; and in 1830 he expressly repudi¬ 
ated “ nullification as a right remedy.” So also President 
Jackson in his proclamation against South Carolina, (al¬ 
luded to on a subsequent page,) denied such right, and 
maintained the doctrine now generally received by Amer¬ 
ican statesmen, that, instead of there being no common 
judge, it is the prerogative of the supreme court of the 


410 


CITIZEN’S MANUAL. 


United States to judge of the constitutionality of the acts 
of congress. Were each state at liberty to do so, and to 
disobey any law it might deem unconstitutional, no general 
government could be maintained, nor the union preserved. 

The transfer of power from the federal to the republican 
party was not, however, followed by any great changes of 


The principal one was in the plan of the navy. 



Mr. Jefferson’s predecessors had encouraged effective har¬ 
bor fortifications, and an efficient navy; whereas he recom¬ 
mended a cheaper system of national defense. Accord¬ 
ingly, for the heavy built vessels in use, were substituted 
a large number of small vessels, called gun-boats. The 
plan, however, proved a failure, and was abandoned by 
congress. The great measure of this administration was 
the acquisition,*by purchase, from France, of Louisiana, 
embracing that vast tract of country west of the Missis¬ 
sippi river, from which have been since formed the states 
of Louisiana, Texas, (most of it,) Arkansas, Missouri, 
Iowa, part of Minnesota, and others yet to be formed. 
This, however, does not appear to have been properly a 
party measure. The acquisition was generally considered 
a valuable one. The principal objection to it was, that it 
was unauthorized by the constitution. So Mr. Jefferson 
himself believed ; but the advantage offered was consid¬ 
ered too great to be lost for such a reason. In order to 
procure a constitutional sanction of the measure, he sug¬ 
gested an alteration of the constitution, but no such alter¬ 
ation appears to have been attempted. 

During our commercial controversy with France and 
Great Britain, prior to and during the war between the 
latter and the United States, the opposite feelings of the 
two parties were clearly manifest. The federalists were 
generally opposed to the declaration of war, the causes 
being regarded by them as insufficient to justify a war. 
The republicans, on the other hand, maintained the jus¬ 
tice and the propriety of the war, and charged their oppo¬ 
nents with hostility to their own country and friendship 
for the enemy. 

The trade of this country had been much embarrassed by 
the retaliatory orders and decrees by which those two for¬ 
eign powersjendeavored to harass each other; and it became 
necessary for our government to adopt measures to counter- 


POLITICAL PARTIES. 


411 


act the effects of their injurious policy. One of these meas¬ 
ures was the laying of an embargo, during Mr. Jefferson’s 
administration, by which all vessels bound to foreign ports 
were prohibited from leaving the ports of the United States. 
Many American vessels with their cargoes had been cap¬ 
tured by the privateers and cruisers of France and Great 
Britain, and condemned as prize ; and the object of the 
embargo was declared to be to prevent our vessels and 
seamen and merchandise from being exposed to depreda¬ 
tions on the seas. This measure of course almost entirely 
stopped our foreign trade, and was vehemently opposed 
by those engaged or directly interested in such trade. As 
the shipping business was the leading interest of some of 
the New England States, which were also the most strongly 
federal, the greatest complaints came from that quarter. 
It was also pronounced unconstitutional. Congress, it was 
said, could not, under the power to regulate trade, stop 
trade altogether. A case, however, was tried in the 
United States district court of Massachusetts, in which 
the act was decided to be constitutional. 

When the crisis of our difficulties with Great Britain 
came, Mr. Madison being then president, the federalists 
as a party were opposed to the war. By this opposition, 
the party became more unpopular ; and as the return of 
peace in this country and Europe removed the principal 
cause of party division, the federal party organization was 
soon after abandoned. In 1816, Mr. Monroe, the repub¬ 
lican candidate for president, received 183 of the electoral 
votes, and the federal candidate only 34 ; and at his 
second election he received 231 of the 232 electoral votes. 
There was now but one party ; or rather, perhaps, no 
party ; there being no great political questions upon 
which the people were divided. At any rate, the federal 
and republican parties, as such, had become extinct, as is 
evident from the history of the next election. 

DURING THE TERMS OP ADAMS AND JACKSON. 

From the year 1804, it had been the practice of the re¬ 
publican members of congress, during the session next pre¬ 
ceding each presidential election, in order to concentrate 
the strength of the party, to meet in caucus, at the seat of 


m 


CITIZEN’S MANUAL. 


government, for the purpose of nominating a candidate. 
These congressional caucus nominations had become un¬ 
popular with the party ; and as there was now, (1824,) no 
party necessity of uniting upon any one candidate, a ma¬ 
jority of the members refused to go into caucus. The 
minority, however, persisted, and nominated William iJL. 
Crawford. A very large majority of the people, as the re¬ 
sult proved, were dissatisfied with the nomination, not so 
much on account of their dislike to the nominee as of the 
manner of his nomination. The opposition votes were di¬ 
vided upon three candidates, Adams, Jackson, and Clay. 
There having been no choice of president by the electors, 
Mr. Adams was elected by the house of representatives, 
as has been elsewhere stated. (See Chap. XXXIX, § 10.) 

Not long after the election of Mr. Adams parties were 
again organized. They were not distinguished by the old 
names ; the causes of former divisions had ceased to exist. 
Opposition to Mr. Adams’s administration was declared be¬ 
fore his policy had been developed, even before his inaugu¬ 
ration. It had been alleged, and was extensively believed, 
that his election had been effected by a bargain between 
his friends and those of Mr. Clay, then a member of the 
house, by which the latter were to vote for Mr. Adams, 
who, if elected, was to appoint Mr. Clay secretary of state, 
The belief of the truth of this charge naturally raised op¬ 
position in advance, and aided the opponents of Mr. Adams 
in their endeavors to disparage the measures of his admin¬ 
istration. The disappointed supporters of the unsuccessful 
candidates, especially those of Gen. Jackson and Mr. 
Crawford, very naturally united against the administra¬ 
tion, and chose as their leader, Gen. Jackson, as most 
likely to give strength to their party, and announced him 
as their candidate for the next president. The two parties 
were for the time known as the Adams or administration 
party, and the Jackson or opposition party, which proved 
successful at the next election. 

About this time arose a new party, based upon the prin¬ 
ciple of opposition to the institution of Free Masonry. 
William Morgan, a seceding mason, published what he de¬ 
clared to be the secrets of the institution ; for which he 
was abducted by members of the order, and, as was sup¬ 
posed, murdered. Other and similar publications from other 


POLITICAL PARTIES. 


413 


seceders soon followed ; and renunciations of masonry and 
secessions from the institution became frequent. As the 
oaths and obligations assumed by members of the order 
were deemed incompatible with their civil obligations and 
duties, the overthrow of this institution was made an ob¬ 
ject of political action. This party acquired considerable 
strength in several states ; in some, the predominance. 
Gen. Jackson being, as was alleged and generally believed, 
a free mason, the anti-masons were less hostile to the 
Adams than to the Jackson party; and they derived the 
greater portion of their strength from the former. The 
anti-masonic organization continued until after the elec¬ 
tion of 1832, at which they supported candidates of their 
own, William Wirt, of Maryland, for president, and 
Amos Ellmaker, of Pennsylvania, for vice-president. 

The Adams party, formerly so called, was for a time 
distinguished as the national republican party, until a 
year or two after the presidential election of 1832, when 
the anti-masons gave up their organization and formed a 
union with the national republicans, under the name of 
whigs , in general opposition to the Jackson, or, as it was 
then called, the democratic party. 

We have stated that, after the extinction of the federal 
party, there were no questions of public policy to keep up 
party distinctions. There was one, however, the tariff 
question, which had at times, since 1816, engaged the atten¬ 
tion of congress, and had become one of general interest. 
From that year may be dated what is called the protective 
system. The foreign demand for the products of American 
agriculture had almost entirely ceased on the restoration of 
peace in Europe, and, with a view to creating a home mar¬ 
ket for our surplus breadstuffs, an act was passed for the en¬ 
couragement of domestic manufactures. Several attempts 
were subsequently made in congress to modify and extend 
the system, but without success, until 1824, when, after a 
vigorous and protracted contest, the friends of protection 
succeeded. This question did not, however, sensibly affect 
the ensuing election of that year. The four candidates, as 
is believed, were all friendly to the protective policy. Mr. 
Clay and Gen. Jackson especially were known to be its ar¬ 
dent supporters ; the latter having taken an active part in 
the senate in favor of the tariff of that year, and the former 


414 


CITIZEN’S MANUAL. 


had been its leading champion in the house. In fact, 
nearly all the prominent statesmen belonging to the old 
republican party, were friends of protection; Mr. Jeffer¬ 
son, Mr. Madison, and Mr. Monroe, having successively 
made it the subject of recommendation to congress. 

It may be proper here to notice the change of position on 
this subject by different parties and different sections of the 
union. Even the system of moderate duties imposed dur¬ 
ing Washington’s administration, designed both for reve¬ 
nue and for the encouragement of domestic manufactures, 
was opposed ; and chiefly by opj)onents of the federal party. 
The tariff of 1S16 met with its strongest opposition from 
federal representatives of the New England states ; and 
among its leading supporters were representatives of 
southern interests, among whom were Mr. Calhoun, of 
South Carolina, and his colleagues. Indeed it has by some 
been called a South Carolina measure. In 1824, three of 
the eastern states, Maine, Massachusetts and New Hamp¬ 
shire, together with most of the southern states, including 
South Carolina, were almost unanimously opposed to the 
tariff. Of the representatives from the three New England 
states mentioned, 22, (all but 3, one from each state,) voted 
against the measure. Delaware and Missouri, having each 
one representative, and Kentucky twelve, were unanimous 
in its favor. Of the 77 votes from all the other southern 
and south-western states, all but 7 were against it. In 
1828, the eastern states were almost unanimous in sup¬ 
port of the protective tariff, and have so remained ; and 
a large majority of the southern representatives have 
continued in opposition. 

The principal change of sentiment on this question since 
the year last mentioned, has been in the middle and western 
states. The union of the southern and eastern states in 
1824 shows that the contest was not one between the old 
parties ; and it is equally evident, from other circumstances, 
that the question was not involved in the ensuing presi¬ 
dential question. Nor had it yet become a party issue at 
the first election of Gen. Jackson. Notwithstanding he 
had, during the canvass, publicly avowed his adherence to 
the tariff and internal improvement policy, he received the 
support of the southern states most opposed to that policy. 
Soon after his election, however, a material change took 


POLITICAL PARTIES. 


415 


place on this subject. A large portion of the southern 
section of the democratic party having become extremely 
hostile to these measures, it was evident that, without 
some concession, the unity of the party could not long be 
maintained ; and the greater portion of the tariff section 
of the party, including the president, became steady and 
permanent cooperators with the opponents of protection. 
This defection, however, was so gradual as to prevent an 
immediate overthrow of the system. As late as 1832, its 
friends carried a bill favorable to protection. 

The act of 1832, produced a strong excitement at the 
south. So vehement was the opposition in South Carolina, 
that measures were adopted by the legislature for forcible 
resistance to its execution. The collection of duties in that 
state by United States officers, was forbidden ; the militia 
of the state was placed at the command of the governor; 
and the purchase of arms and ammunition was ordered. In 
December, president Jackson issued a proclamation, in 
which he discussed and denied the right claimed by that 
state to nullify a law of congress and to secede from the 
union, and declare the purpose of enforcing the collection 
of the revenue within that state ; •and a bill for that pur¬ 
pose, called by some “ force bill,” was introduced, which 
soon became a law. Several things conspired to prevent 
a collision between that state and the United States. The 
state of Virginia interposed as mediator, and sent a com¬ 
missioner to pacify the public authorities of South Caro¬ 
lina. A bill for the reduction of duties was at the same 
time pending in congress. This bill had been introduced 
with the view, at least in part, of conciliating the south¬ 
ern opponents of the tariff. With so powerful a considera¬ 
tion in its favor as the prevention of a civil war, its pas¬ 
sage began to be seriously apprehended by the friends of 
the existing tariff. To prevent the injurious consequences 
anticipated, from so great and sudden a reduction as the 
bill contemplated, as well as to allay the southern excite¬ 
ment, a bill was introduced proposing a gradual reduction 
of duties, within ten years, to a point which would satisfy 
the nullifiers. This bill, of which Mr. Clay himself was 
the author, although opposed by many of his party, who 
were unwilling to make so great a concession to the ene¬ 
mies of protection, and one which they feared would pros- 


416 


CITIZEN’S MANUAL. 


trate our rising manufactures, was passed, and the south 
was pacified. 

A number of party issues of great interest arose during 
the presidency of Gen. Jackson. In his first annual mes¬ 
sage, December, 1829, he took ground against the renewal 
of the charter of the bank of the United States. This at¬ 
tack upon that institution, more than six years before the 
expiration of its charter, and while performing its duties 
to the public satisfaction, took the people by surprise. The 
subject was referred, and committees in both houses made 
reports in favor of the bank ; but the opposition to the 
bank was continued. At the session of 1831-1882, the 
stockholders of the bank petitioned congress for a renewal 
of the charter, and favorable reports were again made ; 
and a bill for a renewal was passed, but was vetoed by the 
president. This act caused much dissatisfaction among 
his political friends, especially those of the commercial and 
other classes of the community interested in the bank. The 
controversy was however continued until opposition to the 
bank became a popular party measure; and the charter was 
suffered to expire by its own limitation in March, 1836. 

The history of the twb national banks shows a change of 
position of men and parties similar to that witnessed on 
the tariff question. The incorporation of the first bank, in 
1791, was a federal measure, and was opposed in congress 
by Mr. Madison and others, who were leaders in the repub¬ 
lican party. Mr. Madison having taken a conspicuous part 
not only in the framing but in the defense of the constitu¬ 
tion, was properly a federalist; but after the organization 
of the government, took the side of those who opposed the 
administration. The charter of that bank expired in 1811. 
Application for a renewal had been made, but without suc¬ 
cess. At the session of 1814-1815, national finances being 
in a bad condition, and most of the banks except those of 
the New England states having suspended specie pay¬ 
ments, the secretary of the treasury proposed a plan of a 
national bank ; abill in conformity thereto was introduced, 
and after some material alterations passed, but was vetoed 
by Mr. Madison. He objected to the bill, not on the 
ground of unconstitutionality, but on account of its sup¬ 
posed incompetency to render the government and the 
country the services required of such an institution. At 
the next session another bill was passed, more acceptable 


POLITICAL PARTIES. 


417 

in its provisions, which was approved by the president. 
Thus we see that the second bank was a republican meas¬ 
ure. It received its strongest opposition from the fed¬ 
eralists ; the parties having been reversed on the question 
since the establishment of the first bank. 

Another material issue between the two parties during 
president Jackson’s administration, was the Indian ques¬ 
tion. Intimations had been given near the close of Mr. 
Adams’s term, of the intention of the state of Georgia to 
prohibit the Indians within the territorial limits of that 
state from establishing governments of their own, and to 
bring them under state jurisdiction. One of the first acts 
of the new president was to send a proposition to the prin¬ 
cipal chief of the Cherokees to discuss the subject of their 
removal beyond the Mississippi; but the proposition was 
declined. In his first annual message, the president ex¬ 
pressed a determination to effect their removal from Geor¬ 
gia and Alabama, or permit these states to subject them to 
their laws. The Indians memorialized congress on the sub¬ 
ject. They claimed, under a succession of treaties, from 
an early period after the close of the revolutionary war, 
made or recognized by every previous administration, the " 
protection of the general government in the peaceable 
possession of their lands and the right of self-government. 
In this contest, which lasted several years, the opposition 
advocated the claims of the Indians, and the administration 
party maintained the claims of the states. Under the sanc¬ 
tion of the general government, Georgia proceeded to ex¬ 
tend her jurisdiction over the Indians. By an act of that 
state, it was made a misdemeanor for a white man to reside 
•within the limits of the Cherokee nation after a certain 
date. Under this act, a number of the missionaries .were 
indicted and convicted, and two of them were imprisoned. 
Application was made to the supreme court of the United 
States; and by a decision of that court the next year,(1832,) 
the law of Georgia was declared to be contrary to the con¬ 
stitution, treaties, and laws of the United States, and there¬ 
fore null and void : and the court ordered the discharge of 
the prisoners who had applied for relief. But the mandate 
of the court was disobeyed, and the prisoners were kept in 
confinementhoping, however, that the court would, at its 
next annual session, take measures to enforce its mandate. 
But the missionaries, having become weary of the contro- 


418 


CITIZEN S MANUAL. 


versy, discontinued the suit, and left the question of the 
continuance of their confinement to the magnanimity of 
the state. They were at length discharged by the order 
of the governor, nearly a year after the decision of the 
court. 

Notwithstanding this decision in favor of the Indians, 
they continued to be disturbed in the possession of their 
lands ; and the general government refused them protec¬ 
tion. After the president’s proclamation of December, 
1832, against the nullifiers, the Indians for a time indulged 
some hope of relief. In that proclamation the president had 
declared the authority of the supreme court to decide ques¬ 
tions involving the constitutionality of laws and treaties ; 
and he had promptly recommended the passage of a law to 
enforce the collection of the revenue in South Carolina ; 
and it was presumed the treaties would now be enforced 
and the Georgians expelled. In this hope the Indians were 
disappointed. Unwilling to live under the laws of Geor¬ 
gia, and having given up all expectation of being allowed 
a government of their own, a treaty was at length con¬ 
cluded with their chiefs and head men, by which they 
agreed to sell their lands and remove to the west, against 
the consent, however, of a large portion of the tribe. The 
ratification of the treaty was objected to in the senate, 
on the ground that it had not received the assent of the 
part of the tribe competent to make a treaty ; but it was 
confirmed May, 1836, and the Indians were removed. 

Another principle upon which the parties were divided, 
was that of internal improvements. Although this had 
never been properly a party question, the subject itself was 
not a new one. The power of the general government to 
make internal improvements had been frequently called in 
question. As the power is not expressly granted, it must, 
if it exists at all, be an implied power ; that is, it must be 
included in some express power. (See Chap. XXXVI, g 7, 
8, 9.) Hence, in determining whether an internal improve¬ 
ment is authorized by the constitution, the nature and object 
of the work must be considered. Under the power to “reg- 
ulate commerce among the several states,” congress has ap¬ 
propriated money for improving navigable waters, and for 
constructing public roads. The difference of opinion be¬ 
tween statesmen has been, not so much upon the question 


POLITICAL, PARTIES. 


419 


whether this power existed, as upon questions whether the 
particular improvements asked for were of such a character 
as to bring them within such power; for it is generally ad¬ 
mitted, that a work which is wholly within the limits of a 
single state, especially if its benefits are confined to the 
people of that state, is not within the power of congress. 

Bills for internal improvements had been vetoed by for¬ 
mer presidents on constitutional grounds. Mr. Adams had 
favored a more liberal construction of the constitution. 
During the first session-under Gen. Jackson’s administra¬ 
tion, three bills for aiding in the construction of roads were 
negatived by him; and two others, one authorizing the gen¬ 
eral government to aid in the construction of a canal, an¬ 
other for appropriating money for constructing light-houses, 
improving harbors, directing surveys, <fcc., were retained by 
him until the next session of congress, when, in his annual 
message, he stated his objections to these bills and to the 
system of internal improvements, and again proposed the 
distribution of the surplus revenues among the states, to be 
by them used for internal improvements. Having, before 
his election, publicly declared himself in favor of such im¬ 
provements by the general government, many of his politi¬ 
cal friends were disappointed as well as displeased by his 
vetoes. At the second session, however, bills w T ere passed 
for improving harbors and rivers, for carrying on certain 
roads and other improvements, and for providing for sur¬ 
veys, &c., and were approved by the president. Although 
during his presidential term he made a free use of the veto 
upon bills of this kind, a considerable number received his 
approval. He was charged by some with inconsistency 
for rejecting bills on the ground of their being not of a 
national, but of a local or state character, which were no 
more liable to his alleged objections than others to which 
he gave his sanction. But however he may have erred in 
applying his rule of interpretation to the different bills 
presented to him, it may be safely affirmed that the indis¬ 
criminate approval of all bills which might have been 
passed by congress, would have involved an unwarrant¬ 
able expenditure, and justly have subjected the govern¬ 
ment to the charge of prodigality. 

With this administration originated the practice of a gen¬ 
eral removal of political opponents from office. As the con- 


CITIZEN’S MANUAL. 


420 

currence of cabinet and certain other high officers of the 
government in the views of the executive is necessary to 
the execution of the laws and to an efficient administra¬ 
tion, it had been the practice of his predecessors to select 
such officers from their political friends and supporters. 
Farther than this, removals had seldom been made. But 
the inauguration of president Jackson w’as soon followed 
by the removal of district marshals and attorneys, sur¬ 
veyors and inspectors of ports, collectors of customs, naval 
officers, receivers of public moneys, auditors, controllers, 
and clerks in the executive departments. Of postmasters 
nearly live hundred were said to have been displaced 
within the first year. The removal of men for opinions 
which could not interfere with the faithful discharge of 
their official duties, was pronounced by his opponents an 
abuse of executive power, tending to destroy freedom of 
opinion and to encourage political corruption. But to 
whatever objections this practice is liable, it was adopted 
by the opposing party on their coming into power, and 
appears now to be recognized by all parties. 

One case of removal and appointment occurred which, 
more than any other, subjected the president to the charge 
of having abused this power. The public moneys were re¬ 
quired by law to be deposited in the Bank of the United 
States ; unless the secretary of the treasury should at any 
time otherwise order or direct, in which case he must lay 
his reasons for so doing before congress. The president, 
entertaining doubts of the safety of the deposits in the bank, 
directed an inquiry as to the solvency of the bank, which 
was accordingly made by an agent appointed by the sec¬ 
retary of the treasuiy. He subsequently requested con¬ 
gress to institute another inquiry, which should extend to 
the branches. Both investigations showed the bank to be 
in possession of funds to more than double the amount of 
its liabilities; and by a vote of 109 to 46, the house declared 
the deposits safe. The president, holding that the deposits 
might be removed for other reasons, and having made ar¬ 
rangements with certain state banks to receive and disburse 
the public revenues, directed his secretary of the treasury, 
William J. Duane, to withraw the deposits from the bank. 
The secretary refused, assigning, among other reasons, that 
the law gave to him alone the discretion to discontinue the 


POLITICAL PARTIES. 


421 


deposits in the bank ; that their removal was unnecessary, 
and would be a breach of faith and illegal ; and therefore 
an act which his conscience condemned. Whereupon Mr. 
Duane was removed, and Roger B. Taney appointed, by 
whom the direction was obeyed. This act of the presi¬ 
dent was pronounced by many of his political friends, and 
some of the leading presses of the party, inexpedient and 
unnecessary, and an arbitrary exercise of power ; and a 
few ceased to support him ; but his popularity suffered 
no material injury. 

At the session of 1834-1835, was proposed a plan for 
keeping and disbursing the revenue by agents to be ap¬ 
pointed by the treasurer of the United States, the money 
to be collected and paid out in specie. This proposition, 
however, met with little favor. The mover was opposed 
to the bank of the United States as unconstitutional and 
dangerous, and was opposed to the use of both that bank 
and the state banks as depositories of the public moneys. 
The plan received the votes of only 33 members, com¬ 
posed, as is believed, of disaffected democrats, of whom 
the mover was one, and of whigs who voted for it from 
their extreme hostility to the state bank, or as it was 
opprobriously termed, the “pet bank ” system. No other 
proposed measure having been successful, the deposits 
continued to be made in the state banks, until after the 
close of Gen. Jackson’s administration. 

DURING THE TERMS OF VAN BUREN, HARRISON, TYLER AND POLK. 

Mr. Van Buren, democratic successor to Gen. Jackson, 
came into office March 4th, 1837, in the midst of a severe 
pecuniary pressure, and only about two months before a 
general suspension of specie payment by the banks, the 
deposit banks as well as others. As the notes of none but 
specie-paying banks could be lawfully taken and paid out 
by the government officers, collections and disbursements 
could only be made in violation of law. In this state of 
tilings, the new president called a special session of con¬ 
gress. He recommended the disuse of banks altogether 
as fiscal agents of the government, and the substitution 
of the plan which had two years before been so unfavor¬ 
ably received. A bill for that purpose was introduced, 


422 


CITIZEN’S MANUAL. 


passed the senate, but was lost in the house. A similar 
bill was introduced at the succeeding regular session, and 
shared the same fate. But in 1840, the independent 
treasury, as it was called, was established. 

With the accession of president Harrison, March, 1841, 
the whig party for the first time obtained control of the 
government. The questions at issue between the two 
great parties were substantially the same as they had 
been for many years. On the 17th of March, the presi¬ 
dent issued a proclamation convening congress on the 31st 
of May. On the 4th of April, just one month from the 
day of his inauguration, his administration was terminated 
by his death; and the executive office passed into the hands 
of John Tyler, who had been elected as vice-president. 

As the object of the extra session was to provide a rem¬ 
edy for the disordered state of the currency and finances, 
a bill was introduced for the repeal of the sub-treasury, as 
it was generally called, and another for the incorporation 
of a bank, which was still a favorite measure with a large 
portion of the whig party. The former subsequently 
passed both houses, and was signed by the president. The 
bank bill also passed both houses ; but, although it was 
said to have been framed with a view to avoid the objec¬ 
tions of the president, it received his veto. He was con¬ 
sulted by members of his cabinet, and a new bill was pre¬ 
pared with reference to his views, and passed ; but this 
also was negatived. This second unexpected veto was 
speedily followed by the resignation of all the cabinet 
officers excepting the secretary of state, (Mr. Webster,) 
and the adjournment of congress without accomplishing 
the object for which it had been convened. No attempt 
has since been made to establish a national bank. 

At the ensuing regular session, (1841-1842,) after hav¬ 
ing encountered two vetoes, the whig congress succeeded in 
enacting a tariff law superseding the “ compromise act ” of 
1833, before alluded to, by which all duties above 20 per 
cent, were to be gradually reduced, by the year 1842, to 20 
per cent, ad valorem, which point of reduction had now 
been reached. The reestablishment of a protective tariff, 
which was effected by the law of this session, was the 
principal measure of the contemplated policy of the whigs 
which they found themselves able to accomplish. The 


POLITICAL PARTIES. 


423 


measure which, more than any other, signalized the admin¬ 
istration of Mr. Tyler, was carried against the votes of a 
large majority of the wliigs in congress. That measure 
is the annexation of Texas to the United States. 

The project of annexation originated with neither of the 
two political parties ; nor did it become, strictly speaking, 
a party measure until several years after it had been dis¬ 
closed. In March, 1836, Texas, then a province of Mexico, 
and in the midst of a revolution, declared herself indepen¬ 
dent. On the receipt of the intelligence at Washington, 
congress being in session, the subject of recognizing the 
independence of the new republic was immediately intro¬ 
duced, and resolutions were adopted, in the senate unani¬ 
mously, and in the house with only 22 dissenting voices, 
in favor of such recognition, whenever it should appear 
that Texas had a government capable of performing the 
duties and fulfilling the obligations of an independent 
power. At the next session, the last under president 
Jackson’s administration, the president, in a special mes¬ 
sage, advised congress not to acknowledge the indepen¬ 
dence of Texas, until she should be beyond the danger of 
being again subjected to Mexico ; stating as a reason, that 
the revolutionists had instituted a government similar to 
our own, and had resolved, on our recognition of their 
independence, to ask for admission into the union, and also 
to ask us to acknowledge their title to the territory. The 
movement, if too early, might subject us to the imputa¬ 
tion of seeking to establish the claims of our neighbors to 
a territory with a view to its acquisition by ourselves. 
Notwithstanding this advice of the president, a virtual 
acknowledgment was adopted by both houses. At the 
next session, the first under Mr. Van Buren’s administra¬ 
tion, Texas having applied for admission, numerous remon¬ 
strances against annexation were received, and the meas¬ 
ure failed ; and the proposition submitted by Texas for 
admission was withdrawn. 

A desire was expressed by southern statesmen and 
southern legislatures for the annexation of Texas, in order 
to secure “ an equipoise of influence in the halls of congress 
which should furnish a guaranty of protection ” to southern 
institutions ; and an intimation to the same effect was 
made by southern representatives on the floor of congress 


424 


CITIZEN’S MANUAL. 


In December, 1843, Mr. Tyler suggested the interference of 
our government, by force, to put an end to the war between 
Texas and Mexico; and it was subsequently ascertained 
that a treaty had already been concluded by Mr. Calhoun, 
secretary of state, and the Texan ministers, and sent to the 
senate for ratification. The treaty, however, was rejected. 
The objections to the treaty were, (1.) That it would cause 
a war with Mexico ; (2.) As Texas claimed a large portion 
of territory beyond her acknowledged boundary, to re¬ 
ceive her would compel us to defend the claim against 
Mexico; (3.) The annexation of a foreign nation was not 
authorized by the constitution. Although annexation had 
not been a party question, all, or nearly all, the democratic 
senators from the free states, but for these objections would 
have voted for the treaty. Of the ten, six, together with 
Mr. Benton, of Missouri, a slave state, voted against it. 

Pending the presidential election of that year, (1844,) 
annexation became a party question. Mr. Yan Buren and 
Mr. Clay were, prospectively, the candidates of their respec¬ 
tive parties. Having been interrogated as to their views 
on annexation, both expressed themselves against the mea¬ 
sure under existing circumstances. Mr. Clay was subse¬ 
quently nominated as the whig candidate. In the demo¬ 
cratic convention, Mr. Yan Buren received a majority of 
all the votes ; but the convention having adopted a rule 
requiring a majority of two-thirds, and southern delegates 
insisting on having a candidate favorable to annexation ; 
Mr. Polk of Tennessee was nominated. The project of a 
national bank having been generally abandoned, the tariff 
question had been for some time the principal issue between 
the parties ; the democratic party being opposed to the 
tariff of 1842. To this question two others were now 
added. A resolution was adopted, by the convention, 
declaring “ that our title to the whole of Oregon was clear 
and unquestionable ; that no portion of it ought to be 
ceded to England or any other foreign power ; and that 
the reoccupation of Oregon and the reannexation of Texas 
were great American measures entitled to the cordial sup¬ 
port of the democracy of the union.” 

To some readers the reasons for the use of the words 
“reoccupation” and “reiinnexation,” which imply a former 
possession, may need some explanation. The United States, 

18 


POLITICAL PARTIES. 


425 


Russia, and Great Britain, had severally claimed portions 
of the Oregon country. Great Britain being unwilling to 
relinquish her claim, though wholly unjust, as our govern¬ 
ment believed, a treaty arrangement was made in 1818, by 
which the parties were to occupy it jointly ; the portions 
claimed by them respectively to be free and open, for ten 
years, to the vessels, citizens, and subjects of both powers. 
At the expiration of ten years, the agreement was re¬ 
newed ; after which the joint occupancy might be termi¬ 
nated by either party giving to the other twelve months’ 
notice. By a treaty between the United States and Rus¬ 
sia, in 1824, a boundary line was established at 54 de¬ 
grees 40 minutes north latitude. American fur traders had 
taken possession near the mouth of the Columbia river, 
and in 1810 built a small town called Astoria. During 
the war, the British traders, with the aid of the Indians, 
had driven off our traders, and held possession until it 
was restored by the treaty of Ghent. On retaking pos¬ 
session, the agent of the United States took possession 
also of a British post, the English settlers protesting 
against our right to take it. 

Texas is a part of the Louisiana territory purchased of 
France in 1803, which it is generally admitted, extended 
to the Rio Grande ; but that portion lying west of the 
Sabine river, the western boundary of the state of Louisi¬ 
ana, was surrendered to Spain by the treaty of 1819, 
ceding Florida to the United States, and became again a 
part of Mexico, then subject to Spain. The facts here 
briefly stated show to what the w r ords reoccupation and 
reannexation refer. 

Although annexation was a southern measure, the great 
body of the southern whigs concurred in the views of their 
party candidate. The democrats were largely in the ma¬ 
jority in that section of the union ; and as the party, north 
and south, had unanimously adopted annexation as a party 
measure ; and as a considerable portion of the anti-annex¬ 
ationists voted for the anti-slavery, or “third party” 
candidate, (Mr. Birney,) Mr. Polk was elected—pledged to 
.favor the annexation of Texas, and to maintain our claim 
to the whole of Oregon. 

At the next session, (1844-1845,) the last under Mr. 
Tyler, while a negotiation was pending between our gov- 


42 G 


CITIZEN’S MANUAL. 


ernment and Great Britain on the Oregon question, a bill 
to establish a government for that territory passed the 
house, but was not finally dieted on in the senate. In 1843, 
pursuant to a recommendation of Mr. Tyler, a bill to au¬ 
thorize the taking of possession of the territory had passed 
the senate ; and m ld-±4 an unsuccessful attempt was made 
to pass a resolution proposing to notify Great Britain of 
our intention to terminate the joint occupancy. The nego¬ 
tiation was continued until after Mr. Polk came into office, 
and was abandoned ; and apprehensions were entertained 
of a war between the two countries. The difficulty was 
finally compromised by an agreement to divide the terri¬ 
tory ; our government conceding to Great Britain all that 
portion of it lying north of the 49th degree, a line which 
the latter had for years proposed as a boundary. 

Annexation was completed on the last days of Mr. Tyler’s 
term, March, 1845. There were in both houses majorities 
in favor of the scheme ; but many hesitated from doubts of 
the constitutionality of annexing either by joint resolution 
of the two houses, or by treaty. A resolution, however, 
for admission passed the house, and was sent to the senate. 
Some of the senators being of the opinion that if annex¬ 
ation could be effected constitutionally at all, it must be 
done by the treaty-making power, an amendatory resolu¬ 
tion was added to that of the house, (afterwards concurred 
in by that body,) providing for the renewal of negotiations 
to agree upon terms of admission and cession either by 
treaty to be submitted to the senate, or by articles to be 
submitted to the two houses of congress, as the president 
should -direct. It was said, that two of the senators, 
without whose votes the resolutions could not have been 
passed, voted for them from the belief that Mr. Polk, 
upon whom they supposed the choice of the mode of an¬ 
nexation would devolve, would elect that of annexing by 
treaty, and would open a new negotiation. But Mr. Tyler, 
to whom the resolutions were sent, on the last business 
day (we believe) of the session, approved them, and at 
once completed the measure b^f his own act. 

Thus were settled the two new questions upon which the 
parties joined issue in 1844 ; one, before the president elect 
came into power; the other by himself nearly a year and 
a half after his accession, and but a few days before the 


POLITICAL PARTIES. 427 

passage of the reduced tariff act superseding that enacted 
by the whig congress of 1612. 

Before tne adjustment of tlie Oregon difficulty with 
Great Britain had been consummated, the country was 
surprised by the announcement of war. As had been ex¬ 
pected, Mexico, considering the admission of Texas an act 
of war on the part of the United States, had declared her 
intention to resent the injury and resort to arms. Appre¬ 
hending hostilities, the president had ordered Gen. Taylor 
with his troops to some place on the gulf of Mexico, from 
which, if occasion should demand, he could proceed to the 
defense of the western frontier of Texas. The general 
took his station at Corpus Christi, on the west side of 
the Nueces. Having remained there seven months, and 
no hostile act having been committed by Mexicans, the 
army in March, 1846, pursuant to orders, proceeded to the 
Rio Grande, where Gen. Taylor was met by a deputation 
from the Mexican commander with a message protesting 
against the invasion of the territory of Mexico. In April 
hostilities were then commenced ; and on the 11th of May 
the president, in a message to congress, announced a state 
of war, which, he said, had been “ commenced on the part 
of Mexico, by invading our territory, and shedding the 
blood of our citizens on our own soiland asked for the 
necessary means to prosecute the war. A bill for this 
purpose was promptly passed, with only 14 dissenting 
voices in the house, and 2 in the senate. 

This war measure, so far as concerned the president, was 
highly disapproved by the almost entire whig party, both 
in and out of congress. They denied the statements of 
the president. Our army, they said, had invaded Mexico. 
Blood had been shed on soil far beyond any Texan settle¬ 
ments, and over which Texas had never exercised juris¬ 
diction. They also charged the president with having 
violated the constitution, in having virtually made war 
without consulting congress, to whom alone the war 
power had been confided by the constitution. 

Prefixed to the bill was a preamble declaring the war to 
exist by the act of Mexico. To this the whig members ob¬ 
jected ; and they moved to have it struck out; but the 
motion failed. Its authors were accused o$ a design to 
compel the whigs to aid in shielding the president, or to 


428 


CITIZEN’S MANUAL. 


bear the odium of having opposed a war sanctioned by the 
government. Their unwillingness to take the unpopular 
attitude of hostility to their own country, and the preva¬ 
lent opinion that any war, however unjust, or however 
unlawfully made, ought to be supported, induced the op¬ 
position so generally to vote for supplies. 

During this session was introduced, or rather revived, a 
principle which proved the occasion of a temporary reverse 
of fortune in the democratic party. In August, the senafe 
received from the president a confidential message express¬ 
ing his intention to propose to Mexico the opening of a 
negotiation ; an overture being already on the way to that 
country. And as, in negotiating a peace, it might be found 
necessary to purchase Mexican territory, he asked an ap¬ 
propriation of money. A bill appropriating two millions 
for that purpose was introduced, to which Mr. Wilinot, of 
Pennsylvania, a democrat, moved an amendment, provid¬ 
ing that slavery should never exist in any part of the ter¬ 
ritory thus acquired. The bill, with this proviso, passed 
the house ; and while under consideration in the senate, 
when the vote was about to be taken, action was arrested 
by the announcement that the house, whose, clock was a 
few minutes faster than that of the senate, had been 
adjourned by the speaker. At the next session, a law 
appropriating three millions for this purpose was passed 
without the anti-slavery proviso. 

DURING THE TERMS OP TAYLOR, FILLMORE, PIERCE AND BUCHANAN. 

Although the principle of the “ Wilmot proviso,” as it 
was called, was never incorporated into the national whig 
party, it governed the action of the northern whig members 
of congress, and was avowed in political whig conventions 
throughout the free states. Hence the nomination of Gen. 
Taylor by the national whig convention in 1848, produced 
great dissatisfaction among northern whigs. Unwilling to 
declare his political sentiments, and being a slaveholder, 
he was presumed to be opposed to the anti-slavery proviso, 
to which the whigs of the free states were considered fully 
committed Gen. Cass, the democratic candidate, declared 
himself opposed to all interference, by congress, with the 
subject of slavery in the territories; and it was supposed 


POLITICAL PARTIES. 


429 

that, if elected, he would interpose the veto to any bill on 
this subject, if passed by congress. 

The decided opposition of Gen. Cass to the prohibition 
of slavery in the territories by congress, aided probably 
by considerations of a personal nature, caused a serious 
breach in the democratic party. Another national con¬ 
vention, representing the disaffected portions of both the 
two great parties, and the anti-slavery party, was held at 
Buffalo, in the state of New York, and a new party formed 
on the general principle of opposition to the extension of 
slavery. Their resolutions declared it to be the duty of 
the federal government to abolish slavery wherever it had 
the constitutional power to do so ; denied the authority 
of the general government over slavery within the states ; 
and declared congressional action to be the true and safe 
means of preventing the existence of slavery in territory 
now free. The convention nominated Martin Van Buren 
for president, and Charles Francis Adams for vice-presi¬ 
dent. John P. Hale, who had been previously nominated 
by the anti-slavery party, consented to the withdrawal of 
his name from the list of candidates. 

The subsequent publication of some of the views of Gen. 
Taylor, among which was his repugnance to the free use 
of the veto power, from which it was inferred that he 
would not interpose it against any law prohibiting slavery 
in the territories, and fears of the election of a more ob¬ 
jectionable candidate, induced the larger portion of the 
bolting whigs to return to the support of the party, and 
secured the election of their candidate. 

The administration of President Taylor commenced the 
4th of March, 1849, and was terminated by his death 
about fifteen months thereafter. Since the time of his 
coming into office, few party questions characterized as 
whig or democratic have arisen. The great subject of 
political agitation has been the extension of slavery. The 
general policy of President Taylor was disclosed in his 
annual message, December, 1849. A bill for the admis¬ 
sion of California as a state had been introduced at the 
preceding session of congress ; but involving the disposal 
of other portions of territory acquired from Mexico, it 
failed, as did also a bill to establish a territorial govern¬ 
ment for Upper California. Presuming that any attempt 


430 


CITIZEN’S MANUAL. 


to establish territorial governments in California and New 
Mexico would be again attended by the proposition to 
apply the proviso, and revive the excitement of former 
years, which he wished to prevent, the president recom¬ 
mended that no territorial governments should be formed, 
but that the people should be left to themselves until they 
should have formed constitutions preparatory to admis¬ 
sion as states. 

Several plans were proposed in both houses for the gov¬ 
ernment of the new territory. The representatives of the 
slave interest were opposed to the admission of California 
as a free state without some equivalent to slavery. At 
length, with a view to the settlement of the whole slavery 
controversy, a compromise was proposed by Mr. Clay. 
The plan was opposed by southern members as not making 
sufficient concession to the south, and by northern mem¬ 
bers on account of its conceding too much, or of its 
making any concession at all. 

The discussion was protracted to a late period of a very 
long session. The several propositions were first con¬ 
tained in one bill. The result was the passage of five 
different bills : (1.) A bill for organizing the territory of 
Utah, without any restriction as to slavery. (2.) A sim¬ 
ilar bill for organizing the territory of New Mexico ; to 
which was united a bill previously passed by the senate 
for establishing the boundary of Texas, proposing to pay 
Texas ten millions of dollars for relinquishing her claims 
to territory in New Mexico. Although this bill did not 
concede to Texas the full extent of her claims, yet it was 
contended—and as evidence Mr. Benton referred to a map, 
the accuracy of which had been acknowledged by Texan 
authority—that the bill took from New Mexico 70,000 
square miles of territory. This rendered the bill the more 
objectionable to northern members, as the transfer of any 
territory to Texas would convert it into slave territory. 
(3.) A bill to admit California. (4.) A bill providing more 
effectually for the recovery of escaped slaves, called the 
“ fugitive slave bill.” (5.) A bill to abolish the slave trade 
in the District of Columbia. 

The slavery question had for years been obscuring party 
lines, as between the whig and democratic parties. The 
settlement of this question, which it was supposed had 


POLITICAL PARTIES. 


431 


been effectually done by the late compromise, would leave 
the parties to resume their former attitude. But the issues 
upon which they had long been divided, were all, or 
nearly all, disposed of or abandoned. The whigs were 
dissatisfied with the revenue tariff of 1846 ; but the pros¬ 
pect of being able to restore the protective policy was too 
faint to encourage a renewal of the question. 

The declarations of principle of the two national conven¬ 
tions in 1852, showed a narrower difference of opinion 
upon ordinary questions than had formerly existed : upon 
that of slavery, both took substantially the same ground. 
The democratic convention declared “that the party would 
abide by the compromise measures of 1850, the act for 
reclaiming fugitives included,*” and pledged the party “to 
resist all attempts at renewing, in congress or out of it, 
the agitation of the slavery question, under whatever 
shape or color the attempt might be made.” The whig 
convention declared that these “ acts, the fugitive law in¬ 
cluded, were received and acquiesced in by the whig party 
of the United States ; ” and they would “ deprecate all fur¬ 
ther agitation of the question thus settled, and would dis¬ 
courage all efforts to continue or renew such agitation when¬ 
ever, wherever, or however the attempt might be made.” 

Some of the acts of 1850, especially the fugitive law, 
were highly obnoxious to a majority of the northern sec¬ 
tion of the whig party ; and the indorsement of the whole 
series of acts by the convention produced an extensive 
lukewarmness in the party. This, with the large acces¬ 
sions to the democratic party from the dissenters of 1848, 
who believed the altered state of the slavery question ren¬ 
dered a continuance of the free-soil organization no longer 
necessary, gave to the democratic party an easy victory. 
Of the 296 electoral votes, Mr. Pierce received 264 ; Gen¬ 
eral Scott, 42. 

Mr. Pierce came into office the 4th of March, 1853, at a 
time of a comparative political calm. The exciting ques¬ 
tion of slavery had been settled nearly three years ; and 
there were no apprehensions of its early renewal. The gen¬ 
eral expectation that it would remain undisturbed, was 
strengthened by the president, who had, in his inaugural 
address, declared that the compromise measures of 1850 
were constitutional, and were to be carried into effect; 


432 


CITIZEN’S MANUAL. 


and he expressed the fervent hope that the question was 
at rest. This expectation of continued quiet received ad¬ 
ditional confirmation from his annual message in Decem¬ 
ber, which contained the following express declaration : 
“That this repose is to suffer no shock during my official 
term, if I have power to avert it, those who placed me here 
may be assured.” From these repeated assurances of the 
executive, the declarations of both of the national conven¬ 
tions that the agitation should, if possible, be repressed, 
and the general acquiescence of the people in those meas¬ 
ures, the revival of the agitation at so early a period as 
that very session could scarcely have been imagined. 

On an early day of the session, a bill was reported to 
establish a territorial government for Nebraska. This 
bill also contemplated the repeal of the Missouri compro¬ 
mise. Perhaps some young reader may not know what is 
meant by this compromise. In 1820, the people of Mis¬ 
souri applied for admission into the union as a state with 
a constitution allowing slavery. An amendment was 
moved with a view to the prohibition of slavery in that 
state, as a condition of its admission. After a long con¬ 
troversy the question was compromised. The southern 
boundary of the state was on the line of 36 degrees 30 
minutes north latitude ; and it was agreed that Missouri 
should be admitted with slavery, but in no other portion 
of the territory acquired from France under the name of 
Louisiana, lying north of that line, should slavery ever be 
permitted to exist. 

The bill to organize Nebraska was subsequently amend¬ 
ed so as to divide the territory into two, Nebraska and 
Kansas, with separate governments. The opening of the 
country to slavery north of the compromise line, produced 
an intense excitement. The measure was advocated on 
the ground that the people should be left free to establish 
such institutions as they pleased, and that congress had 
no right to enact any prohibitions on the subject. It was 
also assumed that the compromise act of 1850 had super¬ 
seded the Missouri compromise. 

The opponents of the bill deprecated the violation of a 
compact which had long been regarded as inviolable, north 
and south. The right of congress to interdict slavery in 
the territories had been abundantly recognized. The ordi- 


POLITICAL PARTIES. 


433 


nance of 1787, excluding slavery from the north-west¬ 
ern territory, had been sanctioned by congress under the 
constitution. And since that time, down to a late period, 
congress had repeatedly exercised the power of prohib¬ 
iting slavery when establishing territorial governments. 
The acts of 1850, they said, could not have superseded .or 
repealed the compromise of 1820. No such idea had been 
expressed in the long debates on these measures in 1850. 
And southern senators had but at the last session admitted 
that the Missouri compromise could not be repealed. Nor 
did the first report of the senator from Illinois, (Mr. 
Douglas, who reported the bill, not thirty days before,) 
express the opinion that the acts of 1850 had superseded 
the Missouri compromise. The democrats of the north 
uniting with the south on this question, the bill was 
passed, in the house, 113 to 110 ; in the senate, 35 to 13. 
Of the members of the house, from free states, 44, all dem¬ 
ocrats, voted in favor of the bill ; against the bill, from 
free states, 91, of whom nearly all were democrats. Of 
the 78 southern votes, only 9 were against the bill. 

The passage of this bill produced an unprecedented ex¬ 
citement. Its opponents, regarding it as an aggression 
upon the interests of freedom, and as disclosing the purpose 
of an indefinite extension of slavery, formed a new politi¬ 
cal organization, on the general principle of preventing the 
extension of slavery into free territory. This party took 
the name of republican , and was composed of the great body 
of the whig party of the free states, and a considerable por¬ 
tion of the democrats. A new party had arisen a year or 
two before, called the American party, and had increased 
very rapidly. The leading principle of this party was, that 
“Americans must rule America.” To this end, native-born 
citizens should be selected for all government offices in 
preference to all others. There should also be made a change 
in the naturalization laws, requiring of foreigners hereafter, 
to become citizens, a residence of twenty-one years. Dur¬ 
ing the presidential canvass of 1856, a majority of the 
Americans, in several states, cooperated with the republi¬ 
cans. The party organization, however, was not aban¬ 
doned. Parties had previously been formed upon similar 
principles ; but they had had a brief existence. The dura¬ 
tion and destiny of the present, are yet to be determined. 

Local republican organizations were first formed, it is be- 


434 


CITIZEN’S MANUAL. 


lieved, in 1855. In 1856 was held a national convention, 
composed of delegates from all the free states, and two or 
three of the slave states. The presidential candidate of 
the party was John 0. Fremont, who received the electoral 
votes of all the free states except Pennsylvania, Indiana, 
Illinois, and California. Of the 296 electoral votes, he 
received 116; Millard Fillmore, the American candidate, 
received 8; being the votes of the electors of the state of 
Maryland; and J ames Buchanan, the democratic candi¬ 
date, received 172. 

Although the chief object of one of the two great parties 
was to keep the national territory open and free to the en¬ 
trance of slaveholders with their slaves; and of the other 
to keep slavery out of it, there was, upon several subjects, 
a difference of sentiment upon which the parties based 
their action. It had until recently been the prevailing 
doctrine, sanctioned by the practice of congress and the 
decision of the national courts, that slavery, not being 
recognized by the common law, could exist only where it 
was permitted or established by positive enactment; and 
hence, that when a slave, by consent of his master, entered 
any free state or territory, he was free. It had also been 
held, in conformity with the like practice, that, under the 
power of congress “ to dispose of, and make all needful 
rules and regulations respecting the territory or other 
property belonging to the United States,” congress might 
provide or establish governments for the people of any 
portions of such territory, and consequently had power 
over slavery therein. These doctrines were maintained 
by the republicans. They held further, that as slavery 
was against all natural right and the principles upon which 
we had declared all just governments to be founded ; and 
a3 its existence in a state was highly detrimental to its 
prosperity ; it was the duty of the general government to 
exclude it from all the public territory. 

The democratic party, on the other hand, maintained 
the doctrine assumed in 1848, that congress had no consti¬ 
tutional power over slavery in the territories ; the power 
above cited having reference merely to the disposal of 
territory as public property , and neither referred to nor 
included the power to govern the inhabitants. And in 
1854, the party adopted the sentiment expressed in the 


POLITICAL PARTIES. 


435 


Kansas and Nebraska act, which declared it to be “the 
true intent and meaning of this act not to legislate slavery 
into any territory or state, nor to exclude' it therefrom; 
but to leave the people thereof perfectly free to form and 
regulate their domestic institutions in their own way, 
subject only to the constitution of the United States.” 
This declared right of the people of a territory to gov¬ 
ern themselves without the interference of congress was 
termed “ popular sovereignty,” a term which was under¬ 
stood and intended to mean that the people of the terri¬ 
tory, and they alone, had the right to make their own 
laws, and to allow or prohibit slavery. Since the expira¬ 
tion of the last administration, this doctrine had been 
essentially modified, if not actually rejected. It was 
asserted by the administration, not only that the power 
to dispose of the territorial property conveys to congress 
no power to govern the people ; but that the constitution, 
by recognizing the right of property in slaves, carries with 
it into the territories the right to hold slaves therein; and 
the people of the territory had not the power to exclude 
slavery by law, while in a territorial condition. This 
prohibition must be postponed until they formed a state 
constitution ; when congress could admit the state with 
or without slavery. It had also been declared by the 
president and others of high authority, and appeared to 
have the assent of the party, that under the constitution, 
no person of the African race was, or could be made, a 
citizen of the United States. 

On March 4, 1857, Mr. Buchanan was inaugurated and 
entered on the discharge of his duties. In his inaugural 
address he emphasized the position of the democratic 
party, though in a guarded manner. This had already 
been foreshadowed by the Dred Scott decision, which de¬ 
clared that the negro had no rights which the white man 
was bound to respect. Robert J. Walker, of Mississippi, 
was appointed governor of Kansas, the territory on which 
the great slavery agitation then rested as on a pivot. 

A brief sketch of the Kaqsas imbroglio may be made as 
follows: The pro-slavery and free-state men of Kansas 
had come into fierce collision. Volunteer companies 
had been formed on both sides, and arms generally 
distributed. The Topeka convention of 1855 had pre- 


436 


CITIZEN’S MANUAL. 


pared a state constitution, anti-slavery in its character, 
which, on being submitted to the people, received a ma¬ 
jority of ballots from those who voted. An election of 
free-state officers was held under it in 1856, which was 
attended with violence and bloodshed, and a free-state 
legislature assembled at Topeka on March 4th. This was 
forcibly disorganized by United States troops under Col. 
Sumner. The proceedings which led to the formation of 
the Topeka constitution were without legal authority and 
particularly distasteful to the administration. President 
Pierce then stigmatized it as amounting to a revolution. 
Still the Topeka constitution had its friends in and out of 
congress, and became a leading issue in the new presiden¬ 
tial campaign. At the adjournment of the Topeka con¬ 
vention, the leaders of the pro-slavery party called a 
convention at Leavenworth, denouncing the action of the 
free-state men. The territorial legislature also met, and 
having taken the sense of the people, the free-state men 
generally not voting, a new convention was called to meet 
at Lecompton on September 5, 1857, for the purpose of 
forming a state constitution. This constitution was for¬ 
warded to President Buchanan, without being first sub¬ 
mitted to the people. They were only allowed to vote on 
the insertion or rejection of the clause, by which slave 
property was declared to be above and beyond any con¬ 
stitutional sanction, and establishing the right of holding 
slaves as part of the fundamental law of the state. As it 
was impossible under the framing of this instrument to 
vote against slavery without voting for the constitution, 
most of the free-state men stayed away from the polls, 
and the pro-slavery clause was adopted. 

The Lecompton constitution was laid by the president 
before congress, indicating a willingness to sign a law 
providing for the admission of Kansas under it, should 
congress see fit to pass one. A bill was accordingly in¬ 
troduced and passed, providing for the conditional admis¬ 
sion of Kansas under the Lecompton constitution. The 
law known as the English bill enabled the free-state men 
to defeat the law of congress by refusing the conditions. 
The majority of the territorial legislature newly elected 
was free-state, and a special session authorized the sub¬ 
mission of the Lecompton constitution to a vote of the 


POLITICAL PARTIES. 


43 ? 


people on January 4, 1859. The free-state party had 
organized their action with reference to this, and the re¬ 
sult was a rejection of the Lecompton constitution by an 
overwhelming majority. The question of a new constitu¬ 
tional convention was forced early in 1859, and resulted 
in a majority in favor of it. It was held at Wyandotte 
on July 5th, and submitted to the people on October 4th, 
securing approval by a large majority. Application was 
made for the admission of Kansas under the new consti¬ 
tution, but congressional action frittered itself away in a 
year of delays and uncertainties, and it was not till Janu¬ 
ary 29, 1861, that the state of Kansas was finally admitted 
under the Wyandotte constitution. The five years of the 
Kansas imbroglio was accompanied by a fierce internecine 
warfare in the state itself, involving a series of bloody 
encounters, in which many lives were lost. Outside of 
Kansas, this complication embittered national politics to 
the last degree, in spite of the popular sovereignty doc¬ 
trine, so ably sustained by Senator Douglas, of Illinois, 
which aimed to subdue the strife by the intervention of a 
fair compromise as between the republican and democratic 
parties, though the theory itself was based on a construc¬ 
tion of the relation of state and United States jurisdictions, 
radically different in its application of principle from the 
views held by the majority of both democrats and repub¬ 
licans. Mr. Douglas had a large and able following, and 
his action did much to modify the situation, and perhaps 
to strengthen the unity of the north in the struggle which 
was so soon to come. The “ popular sovereignty ” doc¬ 
trine held that congress had neither the right to sanction 
the introduction of slavery in the territories or to prohibit 
it; that this, like all other questions of local interest, must 
be left exclusively to the action of the people of the state. 
The great debate between Messrs. Douglas and Lincoln 
in 1858 mainly hinged on this issue, and in this the theory 
of popular sovereignty received its severest blow, though 
Mr. Douglas was re-elected senator. The feeling of hos¬ 
tility between north and south was still more embittered 
by the John Brown raid in Virginia for the avowed pur¬ 
pose of freeing the slaves. John Brown, a former settler 
in Kansas, had been one of the most active of the free- 
state party in the bloody scenes which had been enacted 


438 


CITIZEN’S MANUAL. 


there. In the course of his conflicts with the pro-slavery 
men, his family had, many of them, lost their lives, and 
his native hatred of the slave system had been inflamed 
to a pitch approaching insanity. Such is the only rational 
explanation of the raid on Harper’s Ferry, in which John 
Brown and a small party seized the arsenal and issued a 
proclamation of freedom to the negroes. Brown’s little 
party were soon disarmed and captured, and suffered the 
penalty on the scaffold. This crazy act of an individual 
fed the party feud, and the southern politicians sought to 
fix the responsibility of it on the republican party, claim¬ 
ing that such acts were the logical fruits of revolutionary 
sectionalism in the north. We look in vain throughout 
the whole of our political history for discussions so 
fraught with mutual rage, bitterness, and recrimination 
as those which took place on the floors of congress during 
the last two years preceding the war. The culmination 
of sectional political strife was soon to occur. The nomi¬ 
nating conventions of 1860 took place with the following 
results: republican, Lincoln and Hamlin ; opposition- 
democratic, Douglas and Johnson; whig, Bell and 
Everett; straight-democratic, Breckenridge and Lane. 
The result of the election gave 180 electoral votes and 
therefore victory to the republican nominees. 

The event was received at the south with such out¬ 
spoken threats as clearly foreshadowed coming events, 
though a majority in the north refused to believe that 
they meant anything but bluster. All of the prominent 
southern politicians had for a long time threatened seces¬ 
sion and revolution in case of the election of a republican 
president. The spirit of rebellion was ripe for action, and 
the fiery words and denunciations of the politicians, on 
the stump and in congress, fanned the feelings of the peo¬ 
ple into an activity, which needed only the smallest excuse 
to break into a flame. Bills were passed in various south¬ 
ern -legislatures for the enrollment of volunteers, and it 
became evident that efforts to check the tide of secession 
would be in vain. Before the meeting of congress in 
November, 1860, the movement for immediate secession 
however had been confined to the cotton and gulf states. 
President Buchanan in his message declared that the 
north was alone responsible for the trouble, though the 


POLITICAL PAKT1E3. 


439 


election of Mr. Lincoln was expressly denied to furnish 
any excuse for revolution. The whole drift of Mr. Bu¬ 
chanan’s argument, however, was against the right of the 
government to coerce a state. He did not apprehend any 
overt act on the part of the south. Gen. Scott, however 
saw the situation more clearly and urged immediate steps 
to be taken for the protection of United States property 
in the south, such as forts, custom-houses, arsenals, etc. 

On December 21, 1860, a convention met in South Caro¬ 
lina, and passed a secession ordinance, based on the Cal¬ 
houn doctrine as a declaration of rights. Three days after 
Gov. Pickens proclaimed South Carolina a free, indepen¬ 
dent and sovereign state. The U. S. arsenal had previously 
been seized and 70,000 stand of arms thus put in the hands 
of the state. The news of the action of South Carolina 
was received all through the south with the wildest re¬ 
joicings. In the meantime various propositions for the 
pacification of the threatened troubles were going on in 
congress, but without satisfactory result. Most of the 
members of Mr. Buchanan’s cabinet resigned. 

News was received that Maj. Anderson, who com¬ 
manded at Charleston harbor, had evacuated Fort Moultrie 
and fallen back on Fort Sumter. This indicated an ap¬ 
prehension of an early attack, and complicated the situa¬ 
tion by bringing to a stand all negotiations between South 
Carolina and the United States. A state force took pos¬ 
session of Fort Moultrie, and actual revolution was on 
the brink of being consummated. In the meantime the 
other states, the gulf and cotton states first, one by one, 
passed ordinances of secession, though no further move 
was then made, the initiative being relegated to South 
Carolina. The secession senators withdrew, leaving a 
large republican majority in congress. The Star of the 
West, which had been sent to provision the garrison at 
Fort Sumter, was fired into, but still the government, in 
accordance with the whole policy of Mr. Buchanan, de¬ 
clined to take any active step. 

On March 4, 1861, Mr. Lincoln was inaugurated at 
Washington, in spite of the threats made that he should 
not be permitted to take the oath. The war then was 
speedily inaugurated. Fort Sumter was fired on, April 
12, and after holding out three days surrendered. On 


440 


CITIZEN’S MANUAL. 


April 15, the president issued his proclamation, calling 
for 75,000 men to enforce the execution of the laws. 
Virginia, North Carolina, Tennessee, and Arkansas, then 
passed ordinances of secession. Congress convened on 
July 4,1861, and various acts were passed, relative to the 
war, the chief being the immediate enrollment of 400,000 
volunteers, increasing the regular army to 25,000 men, 
and raising the sum of $500,000,000. 

A powerful incentive to secession had been the expecta¬ 
tion of a prompt recognition by England and France, and 
the consequent nullification of the naval power of the 
United States for blockade purposes. This was almost 
effected by the seizure of Mason and Slidell, confederate 
commissioners to England and France, who were taken 
by Captain Wilkes from an English vessel. Difficulty 
with England was, however, avoided by their surrender 
by Secretary Seward. There can be no question that the 
ruling classes in England were in hearty sympathy with 
the secession movement, and looked forward to confeder¬ 
ate success as a desirable end. They were held in check, 
however, by the deep-seated hostility of the English 
masses to slavery and their hearty sympathy with the 
north. France was prepared evidently to follow any ini¬ 
tiative taken by England. Mr. Lincoln’s emancipation 
proclamation of 1862, took the whole people by surprise, 
and called out strong condemnation even from prominent 
republicans. Though stigmatized as a “ bull against the 
comet,” etc., it had its seat in a profound understanding 
of the needs of the time. France and England stood 
ready at any time to recognize the confederacy and break 
the blockade. The emancipation proclamation, without 
doubt, so intensified the anti-slavery sympathies of the 
masses in both countries as to make it impracticable for 
the governments of these countries to take any active and 
downright steps in expressing their favorable feelings for 
the confederacy. This was the great good wrought by a 
measure which, at the time, excited the ridicule of even 
many of the friends of the union. 

We shall not pursue chronologically the political his¬ 
tory of the war, or make any record of the military move¬ 
ments, for the two were so closely interwoven as to be 
almost inseparable ; but carry the reader on to the close 


RECONSTRUCTION. 


441 


of the great conflict, and the measures for the reconstruc¬ 
tion of a nation rent by four years of gigantic battle, re¬ 
ferring only to such political movements as bear chiefly 
on the questions of the rehabilitation of the conquered 
confederate states. 


RECONSTRUCTION. 

One obvious effect of the late war, was the derangement 
and interruption of the normal relation of the southern 
states engaged in it, to the general government. As the 
various states passed ordinances of secession, their repre¬ 
sentatives in congress at Washington resigned their seats 
and returned to their homes, thus leaving those states 
without any delegation at the national capitol. After the 
outbreak of hostilities, the seceded states were declared 
to be insurrectionary, and while in that condition, were, 
of course, not entitled to representation. But as the war 
was waged on the part of the government, with the 
avowed object of maintaining and restoring the union, a 
practicable method of reconstruction claimed the attention 
of the authorities at a very early date. The states, acting 
in opposition to the government, were urged in various 
proclamations of President Lincoln to return to their alle¬ 
giance, and as slavery was one of the great issues of the 
contest, a gradual emancipation was recommended, to¬ 
gether with compensation for the slaves thus set free. 
All such measures failed in producing any practical effect. 
The confederacy was determined to establish its perma¬ 
nency by force of arms, and the union resolved to main¬ 
tain its integrity by the same means ; while at the same 
time it left the way open for the return of any disaffected 
state upon certain well-defined conditions. 

THE PRESIDENT'S AMNESTY PROCLAMATION. 

On the 8th of December, 1863, the president issued a 
proclamation of amnesty to all persons participating in 
the rebellion, with the exception of those who held civil or 



442 


CITIZEN’S MANUAL. 


diplomatic positions under the so-called confederate gov¬ 
ernment ; all who had left judicial stations under the 
United States government to aid the rebellion ; all military 
or naval officers of the so-called confederate government 
above the rank of colonel in the army or of lieutenant in 
the navy ; all who left seats in the United States congress 
to aid the rebellion; granting them a full pardon, with 
restoration of all rights of property, except as to slaves, 
upon condition that they should subscribe to an oath that 
they would henceforth faithfully support, protect, and 
defend the constitution of the United States and the union 
of the states thereunder, and in like manner abide by and 
support all acts of congress passed during the rebellion 
with reference to slaves, and likewise all proclamations of 
the president made during the same time with the same 
Reference. The proclamation also declared, that whenever 
in any of the eleven seceded states, a number of persons, 
not less than one-tenth in number of the votes cast in such 
state at the presidential election of the year of our Lord 
one thousand eight hundred and sixty, each having 
taken the oath aforesaid, and not having since violated 
it, and being a qualified voter by the election law of the 
state existing immediately before the so-called act of se¬ 
cession, and excluding all others, shall re-establish a state 
government which shall be republican, and in nowise con¬ 
travening said oath ; such shall be recognized as the true 
government of the state, and the state shall receive there¬ 
under the benefits of the constitutional provision which 
declares that “ the United States shall guarantee to every 
state in this union a republican form of government, and 
shall protect them against invasion ; and on application 
of the legislature, or the executive (when the legislature 
cannot be convened) against domestic violence.” 

This was the first practical movement toward recon¬ 
struction during President Lincoln’s administration, but 
no immediate result followed the proclamation. Indeed, 
the military power at the South would not permit a return 
to allegiance on the part of any of her people, so that 
until the union armies took possession of the territory of 
the seceded states, any recognition of the federal author¬ 
ity was simply impossible. 


RECONSTRUCTION. 


443 


MEASURES TO INAUGURATE CIVIL AUTHORITY. 

Early in 1864 conventions of delegates duly elected in 
their several districts, were held in the states of Arkansas 
and Louisiana for the purpose of remodeling the state 
constitution, and bringing it in entire harmony with the 
constitution of the United States. 

The Arkansas convention assembled at Little Rock, in 
January. The result of its deliberations was the appoint¬ 
ment of a provisional governor, lieutenant-governor, and 
secretary of state, the amending of the state constitution, 
and the formal inauguration of the state government, 
which, though it encountered difficulties for a time, yet 
maintained its position without interruption. 

After the occupation of Louisiana by the federal army 
in 1862, the state was governed for a time by military 
power. Steps were soon taken, however, under its sanc¬ 
tion, and in part by its direction, for the reorganization 
of a state government, loyal to the government of the 
United States. The result of this action was the election 
of a legislature by the votes of those parishes of the state 
reclaimed from insurgent control, and a state government 
put in active operation, since the establishment of which 
the local affairs of the state have remained under its 
jurisdiction. 

CLOSING UP OF THE WAR. 

During the year 1864, no considerable portion of the 
insurgent states was brought under federal control, and 
the work of reconstruction made no apparent progress. 
In November of that year the presidential election was 
held, and Abraham Lincoln was chosen president for a 
second term of office. Soon after this second inaugura¬ 
tion on the 4th of March, 1865, the army under General 
Grant commenced active operations, which culminated in 
the surrender of General Lee with the forces under his 
command, on the 10th of April, and the virtual end of the 
war. The various confederate forces surrendered shortly 
afterwards, and the war was brought to a final close. 

April 6th, President Lincoln sent the following order 
to General Weitzel, commanding at Richmond : 

«it has been intimated to me that the gentlemen who have acted 


444 


CITIZEN’S MANUAL. 


as the legislature of Virginia, in support of the rebellion, may now 
desire to assemble at Richmond, and take measures to withdraw 
the Virginia troops and other support from resistance to the general 
government. If they attempt it, give them permission and protec¬ 
tion, until, if at all, they attempt some action hostile to the United 
States, in which case you will notify them, give them reasonable 
time to leave, and at the end of which time arrest any who remain” 

On the 12th of April, the Whig , a newspaper issued at 
Richmond, contained an address “ to the people of Vir¬ 
ginia,” signed by a number of prominent citizens and 
members of the legislature, and representing that the 
exigencies of the situation called for an immediate meet¬ 
ing of the general assembly of the state, and that the 
matters to be submitted to the legislature were the resto¬ 
ration of peace to the state, and the adjustment of ques¬ 
tions involving life, liberty, and property, that had arisen 
in the state as a consequence of the war. 

The 25th was named as the day on which the legisla¬ 
ture should assemble. General Weitzel approved the pub¬ 
lication of this address. No meeting, however, took place. 

On the 14th of April, 1865, President Lincoln was 
assassinated, when Andrew Johnson, vice-president, be¬ 
came his successor in the presidency. Hostilities having 
ceased, the president promptly directed his attention and 
efforts to the restoration of the normal condition of affairs. 


REMOVAL OF COMMERCIAL RESTRICTIONS. 

On April 29th, President Johnson issued his proclama¬ 
tion ordering that all restrictions upon internal, domestic, 
and coast-wise commercial intercourse be discontinued 
with such ports of the insurrectionary states as were east 
of the Mississippi River. All articles contraband of war, 
however, were excepted. On May 9th, the secretary of 
the treasury issued a series of restrictions, based upon 
this order of the president, for the purpose of putting it 
in operation. 

May 22d, the president issued another proclamation, 
raising the blockade of the Atlantic coast, and of the Gulf 
coast, except a few ports in Texas, and relaxing the re¬ 
strictions to all ports east of the Mississippi. 

Again, on June 13th, and also on June 24th, the presi¬ 
dent issued proclamations, enlarging the privileges of 


RECONSTRUCTION. 


445 


commercial intercourse between the several states, and 
giving to the officers of customs all supervision to prevent 
the shipment of prohibited articles. 

August 29th, the president issued his final proclamation 
removing all restrictions of every kind, and restoring the 
commercial intercourse between the several states to the 
freedom which existed before the war. 

MEASURES TO REDUCE THE ARMIES. 

Four days after the surrender of General Lee’s army, 
notice was given by the war department that orders 
would speedily be issued to stop all recruiting and draft¬ 
ing, and to reduce the number of general and staff officers 
to the actual necessities of the service. 

Arrangements for the care of discharged troops were at 
once completed, and orders to muster out and discharge 
the troops from service were issued in rapid succession. 
Regiments commenced leaving the army of the Potomac, 
from the rendezvous near Washington, on the 29th of 
May, and about six months thereafter the last regiment 
started for home. By the 14th of September, the mass 
of the forces were mustered out and discharged. 

MEASURES TO ESTABLISH CIVIL GOVERNMENT. 

May 29, 1865, President Johnson issued his proclama¬ 
tion stating the terms by which the people of the south¬ 
ern states could be restored to their civil rights as citizens 
of the United States, thus : 

Whereas, The president of the United States, on the 8th day of 
December, A. D. eighteen hundred and sixty-three, and on the 26th 
day of March, A. D. eighteen hundred and sixty-four, did, with the 
object of suppressing the existing rebellion, to induce all persons 
to return to their loyalty, and to restore the authority of the United 
States, issue proclamations offering amnesty and pardon to certain 
persons who had directly, or by implication, participated in the said 
rebellion ; and 

Whereas , Many persons who had so engaged in said rebellion 
have, since the issuance of said proclamations, failed or neglected 
to take the benefits offered thereby ; and. 

Whereas, Many persons who have been justly deprived of all 
claim to amnesty and pardon thereunder, by reason of their par¬ 
ticipation, directly or by implication, in said rebellion, and continued 
in hostility to the Government of the United States since the date 


446 


CITIZEN’S MANUAL. 


of said proclamation, now desire to apply for and obtain amnesty 
and pardon: 

To the end, therefore, that the authority of the government of 
the United States may be restored, and that peace, order and free¬ 
dom may be re-established, I, Andrew Johnson, president of the 
United States, do proclaim and declare, that I hereby grant to all 
persons who have directly or indirectly participated in the existing 
rebellion, except as hereinafter excepted, amnesty and pardon, with 
restoration of all rights of property, except as to slaves, and except 
in cases where legal proceedings under the laws of the United 
States providing for the confiscation of property of persons engaged 
in rebellion, have been instituted ; but on the condition, neverthe¬ 
less, that every such person shall take and subscribe the follow¬ 
ing oath or affirmation, and thenceforward keep and maintain 
such oath inviolate, and which oath shall be registered for per¬ 
manent preservation, and shall be of the tenor and effect following, 
to wit: 

I,-, do solemnly swear, or affirm, in presence of Almighty 

God, that I will henceforth faithfully support and defend the con¬ 
stitution of the United States and the union of the states there¬ 
under ; and that I will in like manner abide by and faithfully 
support all laws and proclamations which have been made during 
the existing rebellion, with reference to the emancipation of slaves, 
so help me God. 

The following classes of persons are excepted from the benefits 
of this proclamation : 

1. All who are, or shall have been, pretended civil or diplomatic 
officers, or otherwise domestic or foreign agents of the pretended 
confederate government. 

2,. All who left judicial stations under the United States to aid 
the rebellion. 

3. All who shall have been military or naval officers of said 
pretended confederate government, above the rank of colonel in 
the army, or lieutenant in the navy. 

4. All who left seats in the congress of the United States to aid 
the rebellion. 

5. All who resigned or tendered resignations of their commissions 
in the army or navy of the United States, to evade duty in resisting 
the rebellion. 

6. All who have engaged, in any way, in treating otherwise than 
lawfully as prisoners of war, persons found in the United States 
service as officers, soldiers, seamen, or in other capacities. 

7. All persons who have been or are absentees from the United 
States, for the purpose of aiding the rebellion. 

8. All military or naval officers in the rebel service who were 
educated by the government in the military academy of Wei 
Point, or the United States naval academy. 

9. All persons who held the pretended offices of governors of 
states in insurrection against the United States. 

10. All persons who left their homes within the jurisdiction and 
protection of the United States, and passed beyond the federal 



RECONSTRUCTION. 447 

military lines, into the so-called confederate states, for the purpose 
of aiding the rebellion. 

11. All persons who have been engaged in thp destruction of the 
commerce of the United States upon the high seas, and all persons 
who have made raids into the United States from Canada, or been 
engaged in destroying the commerce of the United States upon the 
lakes and rivers that separate the British Provinces from the 
United States. 

12. All persons who, at the time when they seek to obtain the 
benefits hereof by taking the oath herein prescribed, are in mili¬ 
tary, naval or civil confinement or custody, or under bonds of the 
civil, military or naval authorities or agents of the United States 
as prisoners of war, or persons detained for offences of any kind, 
either before or after conviction. 

13. All persons who have voluntarily participated in said rebel¬ 
lion, and the estimated value of whose taxable property is over 
twenty thousand dollars. 

14. All persons who have taken the oath of amnesty as pre¬ 
scribed in the president’s proclamation of December 8, A. D. 1863, 
or an oath of allegiance to the government of the United States 
since the date of said proclamation, and who have not thencefor¬ 
ward kept and maintained the same inviolate—provided that special 
application may be made to the President for pardon by any person 
belonging to the excepted classes, and such clemency will be liber¬ 
ally extended as may be consistent with the facts of the case and 
the power and dignity of the United States. The secretary of 
state will establish rules and regulations for administering and 
recording the said amnesty oath, so as to insure its benefit to the 
people, and guard the government against fraud. 

In testimony whereof, I have hereunto set my hand and caused 
the seal of the United States to be affixed. 

Done at the city of Washington, the twenty-ninth day of May, 
in the year of our Lord one thousand eight hundred and sixty five, 
and of the independence of the United States the eighty-ninth. 

Andrew Johnson. 

At the same time, an order issued from the State De¬ 
partment, saying that the oath prescribed in the procla¬ 
mation might be taken and subscribed to before any 
commissioned officer, civil, military or naval, in the service 
of the United States, or any military or civil officer of a 
loyal state or territory, who, by the laws thereof, might 
be qualified for administering oaths. All officers who re¬ 
ceived such oaths were required to transmit the original 
to the department where they were deposited. 

APPOINTMENT OF PROVISIONAL GOVERNORS. 

President Johnson soon afterward appointed provisional 
governors for the states of North Carolina, South Carolina, 


448 


CITIZEN’S MANUAL. 


Georgia, Florida, Alabama, Mississippi and Texas, with 
authority to assemble in the state delegates elected by 
the people who had taken the amnesty oath, or who had 
opposed secession in convention, and amend and alter the 
state constitution, reappoint or designate local officers, 
and secure the election of state officers and a legislature 
and members of congress, under the amended constitu¬ 
tions. If this reorganization was sustained and approved 
by the mass of the people, the state civil government be¬ 
came established in unison with the federal union. If it 
was not so sustained, a military force was at hand to lend 
the necessary support. 

The plan of the president was not peacefully acquiesced 
in by those states. 

'For the states of Virginia, Tennessee, Arkansas and 
Louisiana, no provisional governors were appointed. The 
measures taken for their reorganization during President 
Lincoln’s administration, were regarded by his successor 
as having placed those states in their normal condition. 
The president approved of the restoration of the southern 
states into their former position in the union, without any 
surrender of their constitutional rights of local self-gov¬ 
ernment, and without requiring them, with respect to the 
blacks, to do anything more than to acknowledge and 
respect the freedom which has resulted from the exercise 
of force during a condition of civil war. 

At the same time the civil authority was required to be 
in the hands of men who could take and would observe 
the amnesty oath or who had been steadfast unionists. 

July 2, 1862, congress passed an act requiring every 
person who might subsequently be elected or appointed 
to any office of honor or profit under the government of 
the United States, either in the civil, military or naval 
departments, except the president, to take the following 
oath before entering upon the duties of such office : 

OATH. 

I, A. B., do solemnly swear (or affirm) that I have never volun¬ 
tarily borne arms against the United States, since I have been a 
citizen thereof; that I have voluntarily given no aid, countenance, 
counsel or encouragement to persons engaged in armed hostility 
thereto; that I have neither sought nor accepted, nor attempted to 
exercise the functions of any office whatever, under any authority 


RECONSTRUCTION. 


449 


or pretended authority, in hostility to the United States ; that 
have not yielded a voluntary support to any pretended government, 
authority, power, or constitution within the United States inimical 
thereto. And I do further swear (or affirm) that to the befet of my 
knowledge and ability, I will support and defend the constitution 
of the United States against all enemies, foreign and domestic; 
that I w r ill bear true faith and allegiance to the same; that I take 
this obligation freely, without any mental reservation or purpose 
of evasion, and that I will well and faithfully discharge the duties 
of the office on which I am about to enter, so help me God. 

By this oath all persons in the southern states who had 
either directly or indirectly been engaged in hostilities, 
were excluded from holding judicial, revenue, legislative, 
military, or naval federal offices. 

CONDITION OF AFFAIRS IN THE SOUTHERN STATES. 

On the 12th of December, 1865, the senate of the fed¬ 
eral congress adopted a resolution calling upon the presi¬ 
dent for information respecting the condition of affairs 
in the southern states. To this request the president 
made the following reply : 

“ In reply to the resolution of the senate I have the honor to state, 
that the rebellion waged by a portion of the people against the 
constituted authorities of the government of the United States has 
been suppressed ; that the United States are in possession of every 
state in which the insurrection existed, and that as far as could be 
done, the courts of the United States have been restored, post-offices 
re-established, and steps taken to put into effective operation the 
revenue laws of the country. 

“As the result of the measures instituted by the executive with, 
the view of inducing a resumption of the functions of the state, 
comprehended in the inquiry of the senate, the people in North 
Carolina, South Carolina, Georgia, Alabama, Mississippi, Louisiana, 
Arkansas and Tennessee, have reorganized their respective state 
governments, and are yielding obedience to the laws and govern¬ 
ment of the United States, with more willingness and greater 
promptitude than under the circumstances could reasonably have 
been anticipated. The proposed amendment to the constitution, 
providing for the abolition of slavery forever within the limits of 
the country, has been ratified by each one of those states, with the 
exception of Mississippi, from which no official information has 
been received; and in nearly all of them measures have been 
adopted, or are now pending, to confer upon the freedmen the privi¬ 
leges which are essential to their comfort, protection and security.” 

AMENDMENT TO THE CONSTITUTION ABOLISHING SLAVERY. 

On the 18th of December, the secretary of state, Mr. 


450 


CITIZEN’S MANUAL. 


Seward, officially announced from the State Department 
that the amendment of the federal constitution abolishing 
slavery, had been adopted. The amendment was ratified 
by the legislatures of the states of Illinois, Rhode Island, 
Michigan, Maryland, New York, West Virginia, Ohio, 
Missouri, Nevada, Indiana, Louisiana, Minnesota, Wis¬ 
consin, Vermont, Tennessee, Arkansas, Connecticut, New 
Hampshire, Maine, Kansas, Massachusetts, Pennsylvania, 
Virginia, South Carolina, Alabama, North Carolina and 
Georgia—in all twenty-seven states, constituting three- 
fourths of the whole number of states in the United 
States, and, therefore, became valid to all intents and 
purposes as part of the constitution of the United States. 

On February 20, 1866, the following resolution w r as re¬ 
ported from the committee on reconstruction : 

Resolved, by the House of Representatives (the senate concurring), 
That, in order to close agitation upon a question which seems likely 
to disturb the action of the government, as well as to quiet the 
uncertainty which is agitating the minds of the people of the 
eleven states which have been declared to be in insurrection, no 
senator or representative shall he admitted into either branch of 
congress from any of said states, until congress shall have declaied 
such state entitled to such representation. 

Which was agreed to—yeas, 109 ; nays, 40. 

March 2d, the senate passed the resolution—yeas, 29 ; 
nays, 18. 

On the 13th of March, the following bill, popularly 
known as the Civil Rights Bill, was passed by the house 
of representatives, and concurred in by the senate on 
the 15th. 

An act to protect all persons in the United States in their civil rights 
and furnish the means of their vindication: 

Be it enacted, etc.. That all persons born in the United States and 
not subject to any foreign power, excluding Indians not taxed, are 
hereby declared to be citizens of the United States ; and such citi¬ 
zens of every race and color, without regard to any previous condi¬ 
tion of slavery or involuntary servitude, except as a punishment for 
crime, whereof the party shall have been duly convicted, shall have 
the same right in every state and territory in the United States to 
make and enforce contracts ; to sue, be parties, and give evidence ; 
to inherit, purchase, lease, sell, bold and convey real and personal 
property ; and to full and equal benefit of all laws and proceedings 
for the security of person and property as it is enjoyed by white 
citizens, and shall be subject to like punishment, pains and penal- 


RECONSTRUCTION. 


451 


ties, and to none other, any law, statute, ordinance, regulation, or 
custom, to the contrary notwithstanding. 

Sec. 2. That any person who under" color of any law, statute, 
ordinance, regulation, or custom, shall subject, or cause to be sub¬ 
jected, any inhabitant of any state or territory to the deprivation 
of any right secured or protected by this act, or to different punish¬ 
ment, pains, or penalties, on account of such person having at any 
time been held in a condition of slavery or involuntary servitude, 
except as a punishment for crime whereof the party shall have 
been duly convicted, or by reason of his color or race, than is pre¬ 
scribed for the punishment of white persons, shall be deemed guilty 
of a misdemeanor, and, on conviction, shall be punished by a fine 
not exceeding one thousand dollars, or imprisonment not exceeding 
one year, or both, in the discretion of the court. 

Sec. 3 . That the district courts of the United States, within their 
respective districts, shall have, exclusively of the courts of the sev¬ 
eral states, cognizance of all crimes and offenses committed against 
the provisions of this act, and also, concurrently, with the circuit 
courts of the United States, of all causes, civil and criminal, affect¬ 
ing persons who are denied or cannot enforce in the courts or 
judicial tribunals of the state or locality where they may be, any 
of the rights secured to them by the first section of this act; and 
if any suit or prosecution, civil or criminal, has been, or shall be, 
commenced in any state court against any such person, for any 
cause whatsoever, or against any officer, civil or military, or other 
person, for any arrest or imprisonment, trespasses or wrongs, done 
or committed by virtue or under color of authority derived from 
this act, or the act establishing a bureau for the relief of freedmen 
and refugees, and all acts amendatory thereof, or for refusing to do 
any act upon the ground that it would be inconsistent with this 
act, such defendant shall have the right to remove such cause for 
trial to the proper district or circuit court in the manner prescribed 
by the “ Act relating to habeas corpus , and regulating judicial pro¬ 
ceedings in certain cases,” approved March third, eighteen hundred 
and sixty-three, and all acts amendatory thereof. The jurisdiction 
in civil and criminal matters, hereby conferred on the district and 
circuit courts of the United States, shall be exercised and enforced 
in conformity with the laws of the United States, so far as such 
laws are suitable to carry the same into effect; but in all cases 
where such laws are not adapted to the object, or are deficient in 
the provisions necessary to furnish suitable remedies and punish 
offenses against law, the common law as modified and changed by 
the constitution and statutes of the state wherein the court having 
jurisdiction of the cause, civil or criminal, is held, so far as the 
same is not inconsistent with the constitution and laws of the 
United States, shall be extended to, and govern said courts in the 
trial and disposition of such cause, and, if of a criminal nature, in 
the infliction of punishment on the party found guilty. 

Sec. 4. That the district attorneys, marshals, and deputy mar¬ 
shals of the United States, the commissioners appointed by the 
circuit court and territorial courts of the United States, with powers 


452 


CITIZEN’S MANUAL. * 


of arresting, imprisoning, or bailing offenders against the laws of 
the United States, the officers and agents of the freedmen’s bureau, 
and every other officer who may be specially empowered by the 
president of the United States, shall be, and they are hereby, 
specially authorized and required, at the expense of the United 
States, to institute proceedings against all and every person who 
shall violate the provisions of this act, and cause him or them to 
be arrested and imprisoned, or bailed, as the case may be, for trial 
before such court of the United States or territorial court as by this 
act has cognizance of the offense. And with a .view to affording 
reasonable protection to all persons in their constitutional rights 
of equality before the law, without distinction of race or color, or 
previous condition of slavery or involuntary servitude, except as a 
punishment for crime, whereof the party shall have been duly con¬ 
victed, and to the prompt discharge of the duties of this act, it 
shall be the duty of the circuit courts of the United States, and the 
superior courts of the territories of the United States, from time 
to time, to increase the number of commissioners, so as to afford a 
speedy and convenient means for the arrest and examination of 
persons charged with a violation of this act. And such commis¬ 
sioners are hereby authorized and required to exercise and discharge 
all the powers and duties conferred upon them by this act. and the 
same duties with regard to offenses created by this act, as they are 
duly authorized by law to exercise with regard to other offenses 
against the laws of the United States. 

Sec. 5. That it shall be the duty of all marshals and deputy mar¬ 
shals, to obey and execute all warrants and precepts issued under 
the provisions of this act, when to them directed ; and should any 
marshal or deputy marshal refuse to receive such warrant or other 
process, when tendered, or to use all proper means diligently to 
execute the same, he shall, on conviction thereof, be fined in the 
sum of one thousand dollars, to the use of the person on whom the 
accused is alleged to have committed the offense. And the better to 
enable the said commissioners to execute their duties faithfully and 
efficiently in conformity with the constitution of the United States 
and the requirements of this act, they are hereby authorized and 
empowered within their counties respectively, to appoint, in writing 
under their hands, any one or more suitable persons, from time to 
time, to execute all such warrants and other processes that may be 
issued by them in the lawful performance of their respective duties ; 
and the persons so appointed to execute any warrant or process as 
aforesaid, shall have authority to summon and call to their aid the 
bystanders, or the posse comitatus of the proper county, or such 
portion of the land and naval forces of the United States, or of the 
militia, as may be necessary to the performance of the duty with 
which they are charged, and to insure a faithful observance of the 
clause .of the constitution which prohibits slavery, in conformity 
with the provisions of this act; and said warrants shall run and be 
executed by said officers, anywhere in the state or territory within 
which they are issued. 

Sec. 6. That any person who shall knowingly and wilfully ob- 


RECONSTRUCTION. 


453 


struct, liinder, or prevent any officer, or other person charged with 
the execution of any warrant or process issued under the provisions 
of tiiis act, or any person or persons lawfully assisting him or them, 
from arresting any person for whose apprehension such warrant or 
process may have been issued, or shall rescue or attempt to rescue 
such person from the custody of the officer, other person or persons, 
or those lawfully assisting as aforesaid, when so arrested pursuant 
to the authority herein given and declared, or shall aid, abet, or 
assist any person so arrested as aforesaid, directly or indirectly, to 
escape from the custody of the officer or other person legally author¬ 
ized as afoi'esaid, or shall harbor or conceal any person for whose 
arrest a warrant or process shall have been issued as aforesaid, so 
as lo prevent his discovery and arrest after notice or knowledge of 
the fact that a warrant has been issued for the apprehension of such 
person, shall, for either of said offenses, be subject to a fine not 
exceeding one thousand dollars, and imprisonment not exceeding 
six months, by indictment and conviction before the district court 
of the United States for the district in which said offense may have 
been committed, or before the proper court of criminal jurisdiction, 
if committed within any one of the organized territories of the 
United States. 

Sec. 7. That the district attorneys, the marshals, their deputies, 
and the clerks of the said district and territorial courts, shall be 
paid for their services the like fees as may be allowed to them for 
similar services in other cases ; and in all cases, when the proceed¬ 
ings are before a commissioner, he shall be entitled to a fee of ten 
dollars in full for his services in each case, inclusive of all services 
incident to such arrest and examination. The person or persons 
authorized to execute the process to be issued by such commissioner 
for the arrest of offenders against the provisions of this act, shall 
be entitled to a fee of five dollars for each person he or they may 
arrest and take before any such commissioner as aforesaid, with 
such other fees as may be deemed reasonable by such commissioner 
for such other additional services as may be necessarily performed 
by him or them ; such as attending at the examination, keeping the 
prisoner in custody, and providing him with food and lodging dur¬ 
ing his detention, and until the final determination of such com¬ 
missioner, and, in general, for performing such other duties as may 
be required in the premises; such fees to be made up in conformity 
with the fees usually charged by the officers of the courts of justice 
within the proper district or county, as near as may be practicable, 
and paid out of the treasury of the United States on the certificate 
of the judge of the district within which the arrest is made, and 
to be recoverable from the defendant as part of the judgment in 
case of conviction. 

Sec. 8. That whenever the president of the United States shall 
have reason to believe that offenses have beeu, or are likely to be, 
committed against the provisions of this act within any judicial 
district, it shall be lawful for him, in his discretion, to direct the 
judge, marshal and district-attorney of such district, to attend at 
such place within the district, and for such time as he may desig- 


/ 


454 


CITIZEN’S MANUAL. 


nate, for the purpose of the more speedy arrest and trial of persons 
charged with a violation of this act; and it shall be the duty of 
every judge or other officer, when any such requisition shall be 
received by him, to attend at the place and for the time therein 
designated. 

Sec. 9. That it shall be lawful for the president of the United 
States, or such person as he may empower for that purpose, to 
employ such part of the land and naval forces of the United States, 
or of the militia, as shall be necessary to prevent the violation and 
enforce the due execution of this act. 

Sec. 10. That upon all questions of law arising in any cause 
under the provisions of this act, a final appeal may be taken to the 
supreme court of the United States. 

This bill was vetoed by the president, March 27th. 

April 6th, the senate passed the bill, notwithstanding 
the objections of the president, by a vote of 33 yeas to 
15 nays; and April 9th, the house of representatives 
again passed it—yeas, 122 ; nays, 41. 

Whereupon the speaker of the house declared the bill 
a law. 

On the 13th of June, congress passed a concurrent 
resolution respecting citizenship, disqualification for office, 
and validity of the public debt of the United States, as 
an amendment to the constitution of the United States, 
requesting the president to transmit to the executives of 
the several states, copies of the article of amendment 
proposed by congress to the state legislatures, to the end 
that the said states may proceed to act upon the said 
article of amendment, known as the fourteenth amend¬ 
ment, the text of which has been previously given. 

The president disclaimed any approval or recommenda¬ 
tion of the amendment to the state legislatures or to the 
people. On the contrary, he declared that a proper ap¬ 
preciation of the letter and spirit of the constitution, as 
well as of the interests of national order, harmony and 
union, and a due deference for an enlightened public 
judgment, might well suggest a doubt whether any amend¬ 
ment to the constitution ought to be proposed by congress 
and pressed upon the legislatures of the several states for 
final decision, until after the admission of such loyal sena¬ 
tors and representatives of the unrepresented states as 
have been, or may hereafter be chosen, in conformity with 
the constitution and laws of the United States. 

Up to February, 18G7, the amendment had not received 


RECONSTRUCTION. 455 

the sanction of the requisite number of state legislatures 
to become a part of the constitution. 

ORDERS AND LAWS CONCERNING THE FREEDMEN. 

The war, in its progress, practically emancipated large 
numbers of slaves, who, deprived of any supervision, were 
left in a state of great destitution. In December, 1863, 
a communication was addressed to President Lincoln by 
a committee of gentlemen representing the freedmen’s 
aid societies in Boston, New York, Philadelphia and Cin¬ 
cinnati, urging the creation of a bureau of emancipation, 
charged with the execution of measures for guiding and 
aiding the emancipated blacks from their old condition of 
forced labor, to their new state of voluntary industry. 
The president submitted this communication to congress, 
with the statement that their attention thereto was im¬ 
peratively demanded. March 1, 1864, the house passed 
a bill to establish a bureau of freedmen’s affairs. The 
bill created in the war department a bureau of freedmen’s 
affairs, with a commissioner, to whom shall be referred 
the adjustment and determination of all questions con¬ 
cerning persons of African descent, and persons who are, 
or shall become, free during the present rebellion. The 
commissioner is authorized to make all needful regulations 
for the management of all such persons, assistant com¬ 
missioners are to be appointed in the rebellious states, 
when brought under military authority, with power to 
permit freedmen to cultivate lands in those districts which 
are, or may be, abandoned by their former owners. The 
bill was amended in the senate, and then referred to the 
select committee in the house, who recommended a non¬ 
concurrence in the senate amendments; when the bill was 
postponed to December. 

On the 16th of January, 1865, General W. T. Sherman 
issued an order, setting apart the islands from Charleston, 
S. C., the abandoned rice-fields along the rivers for thirty 
miles back from the sea, and the country bordering the 
St. John’s river, Florida, for the settlement qf the negroes 
made free by the acts of war and the proclamation of the 
president of the United States. 

No white person whatever, unless military officers and 
soldiers detailed for duty, will be permitted to reside upon 


45 G 


CITIZEN’S MANUAL. 


the islands, and the sole management of affairs will be 
left to the freed people themselves, subject only to the 
United States military authority and the acts of congress. 

Whenever three respectable negroes, heads of families, 
shall desire to settle upon lands and shall select a locality 
within the designated limits, the inspector of settlements 
shall give them a license to settle such district, and afford 
them such assistance as he can to enable them to establish 
a peaceable agricultural settlement. 

This order, which was sanctioned by the government, 
conveyed only a possessory title to these lands to the 
freedmen, during the continuance of the war, or until the 
government should, after the conclusion of the war, define 
its policy in regard to the restoration of forfeited lands to 
political offenders. 

February 2d, the committee of conference, to whom 
the bill of the previous session was referred, reported an¬ 
other bill, which was adopted by the house, but rejected 
in the senate. 

February 28th, a new conference committee made a 
report to establish in the war department, for the war 
and one year thereafter, a bureau of refugees, freedmen 
and abandoned lands, for the supervision and management 
of all abandoned lands, and the control of all subjects re¬ 
lating to refugees and freedmen from rebel states, or from 
any district of country within the territory embraced in 
the operations of the army, under rules to be approved by 
the president. The bureau to have a commissioner, with 
an assistant commissioner for each rebel state, not ex¬ 
ceeding ten. The assistants to make quarterly reports 
to the commissioner, and lie a report at each session of 
congress. 

Section 2 authorizes the secretary of war to direct such 
issue of provisions, clothing and fuel, as he may deem 
needful for the immediate and temporary shelter and 
supply of destitute and suffering refugees and freedmen 
and their wives and children, under such rules and regu¬ 
lations as he may direct. 

The bill also gives the commissioner, under the direc¬ 
tion of the president, authority to set apart for the use of 
loyal refugees and freedmen, such tracts of land within 
the insurrectionary states, as shall have been abandoned, 


RECONSTRUCTION. 


457 


or to which the United States shall have acquired by con¬ 
fiscation or sale, or otherwise. And to every male citizen, 
whether refugee or freedman, as aforesaid, there shall be 
assigned not more then forty acres of such lands, and the 
person to whom it is so assigned shall be protected in the 
use and enjoyment of the land for the term'of three years, 
at an annual rent not exceeding six per cent, upon the 
value of said land as it was appraised by the state au¬ 
thorities in 1860, for the purpose of taxation; and in case 
no such appraisal can be found, then the rental shall be 
based upon the estimated value of the land in said year, 
to be ascertained in such manner as the commissioner 
may, by regulation, prescribe. At the end of said term, 
or at any time during said term, the occupants of any 
parcels so assigned may purchase the lands, and receive 
such title thereto as the United States can convey, upon 
paying therefor the value of the land, as ascertained and 
fixed for the purpose of determining the annual rent as 
aforesaid. 

The report was adopted by the senate. 

March 3d it was adopted in the house. 

Early in May, the president appointed Major-General 
O. O. Howard to be the commissioner or head of this 
bureau. In entering upon his duties, General Howard 
first appointed the ten assistant commissioners to wliose 
aid he was entitled by the provisions of the act. With 
one exception, they were all army officers in actual ser¬ 
vice, and several of them of the rank of brigadier-general. 
He organized the bureau into four divisions, viz.: 1. Lands; 
embracing abandoned, confiscated, and those acquired by 
sale or otherwise. 2. Records ; embracing official acts of 
the commissioner, touching labor, schools and commissary 
supplies. 3. Financial affairs; and 4. The medical de¬ 
partment. Under General Howard’s prudent administra¬ 
tion the bureau accomplished the object of its institution, 
and afforded great relief to the destitute. 

The senate, January 25, 1866, passed the following bill, 
familiarly known as the freedmen’s bureau bill; and the 
house, February 6th, passed the same. 

freedmen’s bureau bill. 

Be it enacted, etc., That the act to establish a bureau for the re¬ 
lief of f reedmen and refugees, approved March 3d, eighteen hundred 


458 


CITIZEN’S MANUAL. 


and sixty-five, shall continue in force until otherwise provided by 
law, and shall extend to refugees and freedmen in all parts of the 
United States ; and the president may divide the section of country 
containing such refugees and freedmen into districts, each contain¬ 
ing one or more states, not to exceed twelve in number, and by 
and with the advice of the senate, appoint an assistant commis¬ 
sioner for each of said districts, who shall give like bonds, receive 
the compensation and perform the duties prescribed by this act, 
and the act to which this is an amendment; or said bureau may, in 
the discretion of the president, be placed under a commissioner and 
assistant commissioners, to be detailed from the army; in which 
event, each officer so assigned to duty shall serve without increase 
of pay or allowance. 

Sec. 2. That the commissioner, with the approval of the presi¬ 
dent, and when the same shall be necessary for the operations of 
the bureau, may divide each district into a number of sub-districts, 
not to exceed the number of counties or parishes in such district, 
and shall assign ito each sub-district at least one agent, either a 
citizen, officer of the army, or enlisted man, who, if an officer, shall 
serve without additional compensation or allowance; and if a citizen 
or enlisted man, shall receive a salary of not less than five hundred 
dollars, nor more than twelve hundred dollars annually, according 
to the services rendered, in full compensation for such services; 
and such agent shall, before entering on the duties of his office, 
take the oath prescribed in the first section of the act to which this 
is an amendment. And the commissioner may, when the same shall 
be necessary, assign to each assistant commissioner not exceeding 
three clerks, and to each of said agents one clerk, at an annual 
salary not exceeding one thousand dollars each, provided suitable 
clerks cannot be detailed from the army. And the president of the 
United States, through the war department and the commissioner, 
shall extend military jurisdiction and protection over all employees, 
agents and officers of this bureau, in the exercise of the duties 
imposed or authorized by this act, or the act to which this is addi¬ 
tional. 

Sec. 3. That the secretary of war may direct such issues of 
provisions, clothing, fuel, and other supplies, including medical 
stores and transportation, and afford such aid, medical or otherwise, 
as he may deem needful for the immediate and temporary shelter 
and supply of destitute and suffering refugees and freedmen, their 
wives and children, under such rules and regulations as he may 
direct. 

Provided , That no person shall be deemed “ destitute,” “ suffer¬ 
ing,” or “ dependent upon the government for support,” within the 
meaning of this act, who, being able to find employment, could 
by proper industry and exertion, avoid such destitution, suffering 
or dependence. 

Sec. 4. That the president is hereby authorized to reserve from 
sales, or from settlement under the homestead or pre emption laws, 
and to set apart for the use of freedmen and loyal refugees, male on 
female, unoccupied public lands in Florida, Mississippi, Alabama, 


RECONSTRUCTION. 


459 


Louisiana and Arkansas, not exceeding in all three millions of acres 
of good land; and the commissioner, under the direction of the 
president, shall cause the same from time to time to be allotted and 
assigned, in parcels not exceeding forty acres each, to the loyal 
refugees and freedmen, who shall be protected in the use and enjoy¬ 
ment thereof for such term of time and at such annual rent as may 
be agreed on between the commissioner and such refugees or freed¬ 
men. The rental shall be based upon a valuation of the land, to be 
ascertained in such manner as the commissioner may under direction 
of the president by regulation prescribe. At the end of such term, 
or sooner if the commissioner shall assent thereto, the occupants of 
any parcels so assigned, their heirs and assigns, may purchase the 
land and receive a title thereto from the United States in fee, upon 
paying therefor the value of the land ascertained as aforesaid. 

Sec. 5. That the occupants of the land under Major-General 
Sherman’s special field order dated at Savannah, January sixteen, 
eighteen hundred and sixty-five, are hereby confirmed in their pos¬ 
session for the term of three years from the date of said orders, and 
no person shall be disturbed or ousted from said possession during 
said three years, unless a settlement shall be made with said occu¬ 
pant, by the former owner, his heirs and assigns, satisfactory to the 
commissioner of the freedmen’s bureau ; Prodded, That whenever 
the former owners of lands occupied under General Sherman’s field 
order shall make application for restoration of said lands, the com¬ 
missioner is hereby authorized, upon the agreement and with the 
written consent of said occupants, to procure other lands for them 
by rent or purchase, not exceeding forty acres for each occupant, 
upon the terms and conditions named in section four of this act, or 
to set apart for them, out of the public lands assigned for that 
purpose in section four of this act, forty acres each upon the same 
terms and conditions. 

Sec. 6. That the commissioner shall, under the direction of the 
president, procure in the name of the United States, by grant or 
purchase, such lands within the district aforesaid as may be required 
for refugees and freedmen dependent on the government for sup¬ 
port ; and he shall provide or cause to be erected suitable buildings 
for asylums and schools. Cut no such purchase shall be made, nor 
contract for the same entered into, nor other expenses incurred, until 
after appropriations shall have been provided by congress for such 
purposes. And no payment shall be made for lands purchased under 
this section, except for asylums and schools, from any moneys not 
specifically provided therefor. And the commissioners shall cause 
such lands from time to time to be valued, allotted, assigned, and 
sold in manner and form provided in the fourth section of this act, 
at a price not less than the cost thereof to the United States. 

Sec. 7. That whenever in any state or district in which the ordi¬ 
nary course of judicial proceedings has been interrupted by the 
rebellion, and wherein in consequence of any state or local law, 
ordinance, police or other regulation, custom or prejudice, any of 
the civil rights or immunities belonging to white persons, including 
the right to make and enforce contracts, to sue, be parties and give 


CITIZEN’S MANUAL. 


460 

evidence, to inherit, purchase, lease, sell, hold and convey real and 
personal property, and to have full and equal benefit of all laws and 
proceedings for the security of person and estate, including the 
constitutional right of bearing arms, are refused or denied to 
negroes, mulattoes, freedmen, refugees or any other persons on 
account of race, color, or any previous condition of slavery or invol¬ 
untary servitude, or wherein they or any of them are subjected to 
any other or different punishment, pains, or penalties, for ithe com¬ 
mission of any act or offense than are prescribed for white persons 
committing like acts or offenses, it shall be the duty of the president 
of the United States through the commissioner, to extend military 
protection and jurisdiction over all cases affecting such persons so 
discriminated against. 

Sec. 8. That any person who, under color of any state or local 
law, ordinance, police or other regulation or custom, shall, in any 
state or district in which the ordinary course of judicial proceedings 
has been interrupted by the rebellion, subject, or cause to be sub¬ 
jected any negro, mulatto, freedman, refugee, or other person, on 
account of race and color, or any previous condition of slavery or 
involuntary servitude, or for any other cause, to the deprivation of 
any civil right secured to white persons, or to any other or different 
punishment than white persons are subject to for the commission 
of like acts or offenses, shall be deemed guilty of a misdemeanor, 
and be punished by fine not exceeding one thousand dollars, or 
imprisonment not exceeding one year, or both ; and it shall be the 
duty of the officers and agents of this bureau to take j urisdiction 
of and hear and determine all offenses committed against the pro¬ 
visions of this section, and also of all cases affecting negroes, mulat¬ 
toes, freedmen, refugees, or other persons who are discriminated 
against in any of the particulars mentioned in the preceding section 
of this act, under such rules and regulations as the president of the 
United States through the war department shall prescribe. The 
jurisdiction conferred by this and the preceding section on the 
officers and agents of this bureau shall cease and determine when¬ 
ever the discrimination on account of which it is conferred ceases, 
and in no event to be exercised in any state in which the ordinary 
course of judicial proceedings has not been interrupted by the re¬ 
bellion, nor in any such state after said state shall have been fully 
restored to all its constitutional relations to the United States, and 
the courts of the state and the United States within the same are 
not disturbed or stopped in the peaceable course of justice. 

Sec. 9. That all acts of parts of acts inconsistent with the pro¬ 
visions of this act, are hereby repealed. 

This bill was vetoed by President Johnson, and after¬ 
ward, passing in the senate, notwithstanding the objec¬ 
tions of the president, by a vote of less than two-thirds, 
it failed to become a law. 

Virginia .—April 17, 1861. Convention passed an ordi¬ 
nance of secession, submitting it to the vote of the people, 


RECONSTRUCTION. 


461 


who ratified it June 25th by a vote of four to one. In 
the meantime measures were taken in the western part of 
the state for the organization of a loyal government. A 
convention met at Wheeling, May 13th, and made pro¬ 
vision for a convention of delegates from the people of 
the western counties on the 11th of June. 

This second convention organized a government for 
the state to take the place of that which had joined the 
confederacy, and called an election for members of the 
legislature, which met at Wheeling July 2, 1861. This 
legislature also elected senators to congress. The result 
of this action was the formation of the new state of West 
Virginia which was admitted into the Union December 
18, 1862. 

Governor Pierpont, who had been elected in 1862, in¬ 
stituted a loyal state government at Alexandria in 1863. 
A legislature and other officers were also elected. The 
legislature called a convention to meet on February 13, 
1864, which met and abolished slavery. As jurisdiction 
was exercised by this government in only a few counties, 
it was not much respected by the military authorities. 

On the 12th of April, 1865, a call was issued in the 
Richmond papers for the assembling of the old Virginia 
legislature on the 28th of April ensuing, for the purpose 
of devising measures for the restoration of Virginia to the 
union under the new order of affairs. This measure was 
sanctioned by President Lincoln, on the representation 
of General Weitzel and others, that the legislature was 
disposed to act in a conciliatory spirit, and with a wise 
reference to the existing position. Evidence, moreover, 
came to the president which satisfied him that this as¬ 
sembling of the legislature would be the signal for action 
in hostility to the government, and the call was accord¬ 
ingly countermanded on the 14th, the day of his assassi¬ 
nation. 

After the close of the rebellion, President Johnson on 
May 9th issued a proclamation recognizing the Pierpont 
administration as that of Virginia. An extra session of 
the legislature was held June 19th, the next day a bill 
passed providing that persons otherwise qualified as 
voters, who take the amnesty oath, and an oath to uphold 
the executive government of Virginia, shall be qualified 


m 


CITIZEN’S MANUAL. 


as voters. October 12th, an election was held for repre¬ 
sentatives in congress. 

December 4th the legislature assembled. 

A bill was passed providing that all qualified voters, 
identified with the rebellion and not excluded from the 
amnesty proclamation, can appear before any person au¬ 
thorized to administer oaths under the restored govern¬ 
ment, and recover the right of suffrage, by taking the 
amnesty oath of the 29th of May, 1865, an oath to support 
the restored government of Virginia, and to protect and 
defend the constitution of the United States. The marital 
relation between colored persons was established by law, 
and placed on the same basis as that observed by whites. 
Without reservation or reluctance the state assumed all 
the responsibilities, burdens and other duties imposed on 
her by the new situation. 

Tennessee .—May 7, 1861. The legislature passed an 
ordinance of secession, and an ordinance adopting the 
confederate constitution, both to be ratified by the people 
June 8 th. 

June 24th, Governor Harris declared Tennessee out of 
the union, the vote for separation being 104,019 against 
47,238. 

March 5,1862, Andrew Johnson was appointed military 
governor of the state. May 12th, pursuant to a call of 
many prominent union men, requesting their “fellow 
citizens of the state of Tennessee who are in favor of the 
restoration of the former relations of the state to the 
federal union, to meet at Nashville,” a large gathering 
took place. 

During the year 1863 meetings were held at various 
times and places throughout the state, to adopt measures 
for restoration, but no practical steps were taken. On 
the 26th of January, 1864, Governor Johnson issued a 
proclamation calling for the election of certain state and 
county officers. No person could be a voter who in addi¬ 
tion to the amnesty oath, would not take an oath to pro¬ 
tect and defend the constitution of the United States; to 
be hereafter a faithful citizen, and ardently to desire the 
suppression of the insurrection against the United States. 

The proceedings of the convention having been ratified, 
W. G. Brownlow was elected governor on the 4th of 


RECONSTRUCTION. 


463 


March. The legislature met on the 3d of April, and on 
the 5th ratified the constitutional amendment. It also 
reorganized the state government and elected senators to 
congress. June 5th, a franchise act was passed, refusing 
the privilege of the elective franchise for fifteen years, to 
all persons who had been civil or diplomatic agents of the 
so-called confederate states, or who have left judicial sta¬ 
tions under the United States or the state of Tennessee 
to aid the rebellion, or who have been military or naval 
officers of the confederate states above the rank of cap¬ 
tain in the army or lieutenant in the navy. 

In April, 1866, this act was amended, so that all male 
white inhabitants might vote, who had never voluntarily 
aided the rebellion nor sought nor accepted any office 
under confederate authority. 

August 3d, a call was published at Nashville for a con¬ 
vention to meet at that city September 5tli. This conven¬ 
tion met at the time appointed, and adopted an electoral 
ticket for the presidential election and a resolution in 
favor of the abandonment of slavery, and its future pro¬ 
hibition in the state. September 30th, Governor Johnson 
issued a proclamation appointing an election for presiden¬ 
tial electors on the 8th of November. 

The election was held, but the vote of the state was 
not counted by congress. 

January 9, 1865, a convention met at Nashville, and 
passed an ordinance abolishing slavery, annulling the 
military league with the confederate states, and the seces¬ 
sion ordinance, also all laws and ordinances of the secession 
state government, repudiating the rebel debt. They also 
nominated W. G. Brownlow for governor. These acts 
were to be submitted to the people February 22d, and if 
approved, an election was to be held on the 4th of March 
for state officers. The vote of the people was almost 
unanimous in favor of these measures. 

July 23d, joint resolution was adopted by the senate 
restoring Tennessee. The preamble recites that, since in 
1861 the government of the state had been seized by per¬ 
sons hostile to the authority of the United States, it could 
be restored only by the law-making power that had de¬ 
clared it in insurrection ; that the people in 1865 had 
ratified a constitution abolishing slavery, and nullifying 


464 


CITIZEN’S MANUAL. 


the laws of secession, a state government organized under 
this constitution had ratified the amendment to the con¬ 
stitution of the United States abolishing slavery, also an 
amendment proposed by the thirty-ninth congress, and 
done other acts denoting loyalty, therefore Resolved; 
that the state of Tennessee is hereby restored' to her 
former practical relations to the union, and is again en¬ 
titled to be represented by senators 'and representatives 
in congress. 

The members previously elected were then admitted to 
their seats. 

Arkansas .—The secession ordinance was passed in this 
state May 6, 1861, and delegates appointed to the provis¬ 
ional congress, who were authorized to transfer the arsenal 
at Little Rock and the hospital at Napoleon, to the con¬ 
federate government. 

The state was now fully committed to the insurgent 
cause, and contributed largely in men and supplies toward 
sustaining that cause. 

This condition of things continued until 1863, when the 
advent of the union army caused the rebels in the state, 
with the guerrillas, to depart with their forces, leaving 
about two thirds of the state free from guerrilla depre¬ 
dations. 

The union men then came flocking from the mountains, 
and many of them joined the federal standard. The re¬ 
mainder found themselves, so far as law was concerned, 
in a state of chaos. Immediately they began to agitate 
the question of a reorganization of their state government. 
They first moved in primary meetings, and on the 30th 
of October, 1863, they held a mass meeting at Fort Smith, 
in which some twenty counties were represented, when 
they called upon all the counties in the state to elect 
delegates to a state convention to be held in the city of 
Little Rock on the 8th of January, 1864, for the purpose 
of so amending the constitution as to abolish slavery. 
When the convention met, forty-five delegates were pres¬ 
ent, representing about one-half of the state. They re¬ 
pudiated the rebel debt, state and confederate, abolished 
slavery, and submitted the constitution to the people for 
their ratification. 

They also appointed the 14th, 15th, and 16th days of 


RECONSTRUCTION. 


465 


March, as the time for holding a general election through¬ 
out the state. At the election, the acts of the convention 
were approved by 12,177 votes, while they were dis¬ 
approved by only 226. The state and county officers 
necessary to set at work the machinery of a loyal state 
government, were also chosen. 

On the 18th of April, 1864, the state government was 
formally inaugurated, and the existence has not since been 
interrupted. ’ The legislature again assembled in March, 
1865. April 14th it adopted the amendment to the con¬ 
stitution of the United States relative to slavery, by a 
unanimous vote. As the state constitution had already 
abolished slavery and repudiated the rebel debt, the three 
most important measures required by the federal govern¬ 
ment for the restoration of the state to the union were 
adopted. As the time for the election of members of 
congress approached, the governor issued an address to 
the people, urging them to elect persons who could take 
the oath prescribed by congress. Three members were 
chosen, who subsequently appeared at Washington, and 
presented their credentials. Oct. 30th, the president sent 
the following dispatch to Governor Murphy: 

“There will be no interference with your present organization 
of state government. I have learned that all is working well, and 
that you will proceed and resume the former relations with the 
federal government, and all the aid in the power of the govern¬ 
ment will be given in restoring the state to its former relations.” 

Alabama .—A convention of this state passed an ordi¬ 
nance of secession, January 11, 1861, and by a large vote 
refused to submit its action to the people. When the 
war endej, the authority of the United States was again 
recognized, and their restoration to the position of citizens 
became the object of the people. 

June 21st, the president issued his proclamation ap¬ 
pointing Lewis E. Parsons as provisional governor. 

July 20th, the governor issued a proclamation, fixing 
August 31st for an election for a convention, under these 
restrictions : “ But no person can vote in said election, or 
be a candidate for election, who is not a legal voter as 
the law was on that day; and if he is excepted from the 
benefit of amnesty under the president’s proclamation of 
the 29th of May, 1865, he must have obtaiued a pardon. 


466 


CITIZEN’S MANUAL. 


Every person must vote in the county of his residence; 
and before he is allowed to do so, must take and subscribe 
to the president’s oath of amnesty; and any person offer¬ 
ing to vote in violation of these rules or of the laws of 
Alabama on the 11th January, 1861, will be punished.” 

These measures were well received by the people of the 
state, and a disposition was promptly and generally 
manifested to co-operate with the provisional governor. 

Candidates for members of the convention were soon 
nominated, and in a quiet and orderly manner elected on 
the appointed day. 

The convention duly assembled on September 12th, and 
Provisional Governor Parsons administered the oath to 
support the constitution of the United States and the 
union thereof, and to support all proclamations relative 
to the emancipation of slaves. 

On the 19th, the convention passed an ordinance, pro¬ 
viding for the election on the first Monday of November, 
of a governor, members of the legislature, and all county 
officers, and authorizing the provisional governor to order 
an election for representatives in congress. 

September 20th, the following ordinance was adopted 
almost unanimously: 

That, as the institution of slavery lias been destroyed in the state 
of Alabama, hereafter there shall be neither slavery nor involun¬ 
tary servitude in this state, otherwise than for the punishment of 
crime, whereof the party shall be duly convicted. 

That the constitution be amended by striking out all provisions 
in relation to slaves and slavery. 

That it shall be the duty of the legislature, at its next session, to 
pass such laws as will protect the freedmen of this state in the full 
enjoyment of all their rights of person and propery, and guard 
them and the state against any evils that may arise from their 
sudden emancipation. 

The secession ordinance was also declared null and void, 
and the rebel state debt repudiated. 

The entire constitution of the state was revised and 
amended by the convention, and many important ordi¬ 
nances of a local nature adopted. 

September 30th, the convention adjourned. The sub¬ 
mission of their proceedings to a vote of the people was 
refused in consequence of the delay such an election 
would cause. 


RECONSTRUCTION. 


467 


The election for governor, members of congress, and the 
state legislature, took place immediately. For governor, 
Robert M. Patton was elected. The legislature assembled 
on November 20th, and was organized in due form. 

A message from the provisional governor was delivered 
on the 23d, calling the attention of the members to the 
constitutional amendment proposed by the congress of 
the United States, and to their duty respecting the freed- 
men, as prescribed in the state constitution adopted by 
the convention. 

December 22d, the anti-slavery amendment was rati¬ 
fied in this form : 

1. That the foregoing amendment to the constitution of the 
United States be, and the same is hereby, ratified, to all intents 
and purposes, as part of the constitution of the United States. 

2. That this amendment to the constitution of the United States 
is adopted by the legislature of Alabama, with the understanding 
that it does not confer upon congress the power to legislate upon 
the political status of freedmen in this state. 

3. That the governor of the state be, and he is hereby, requested 
to forward to the president of the United States an authenticated 
copy of the foregoing resolutions. 

December 5th, the president sent this response: 

His Excellency , L. E. Parsons, Provisional Governor: 

The president congratulates you and the country, upon the accept¬ 
ance of the congressional amendment of the constitution of the 
United States by the state of Alabama, which vote, being the 
twenty-seventh, fills up the complement of two-thirds, and gives 
the amendment finishing effect as a part of the organic law of the 
land. William H. Seward. 

On December 18th, Provisional Governor Parsons was 
relieved from his trust by direction of the president, and 
ordered to transfer the papers and property of the state 
in his custody, to the governor elect, as the time had ar¬ 
rived when the care and conduct of the proper affairs of 
the state of Alabama might be remitted to the constitu¬ 
tional authorities chosen by the people thereof without 
danger to the power and safety of the United States. 

The legislature passed a tax bill, of which these are 
two sections : 

Sec. 12. To sell or expose for sale, for one year, at any one place, 
any pictorial or illustrated weekly, or any monthly paper, periodical 
or magazine, 'published outside the limits of this state, and not in a 


468 


CITIZEN’S MANUAL. 


foreign country, and to vend the same on the streets, or on boats or 
railroad cars, fifty dollars. 

Sec. 13. To keep a news depot for one year, in any city, town or 
village, for the sale of any newspaper, periodical or magazine, not 
including pictorials, provided for in the preceding paragraph, ten 
dollars. 

Mississippi .—The convention of this state passed the 
secession ordinance on the 9th of Jannary, 1861. 

Immediately after the surrender of the confederate 
forces east of the Mississippi river, movements were set 
on foot looking to the restoration of the state to the 
federal union. 

Governor Clarke called an extra session of the legisla¬ 
ture for the 18th of May, to order a state convention. 
The legislature met at the time and place appointed, and 
continued the session three days. The most important 
business transacted was the passage of a bill for the elec¬ 
tion of members of a state convention on the 19th of June, 
to assemble at Jackson on the 3d of July, to repeal the 
ordinance of secession, and perform such other acts as the 
situation seemed to demand for the return of the state to 
the union. The action of Governor Clarke and of the legis¬ 
lature, was, however, not recognized by the federal gov¬ 
ernment. On the 13th of June, the president issued a 
proclamation, appointing William L. Sharkey provisional 
governor, and recognizing a portion of the previous in¬ 
stitution of the state. 

July 1st .—Provisional Governor Sharkey issued a proc¬ 
lamation, appointing local officers, and fixing on August 
7th for the election of a convention. The convention, the 
first to meet under the call of a provisional governor, as¬ 
sembled at Jackson on the 14th of August. 

After the election of a secretary, the oath to support 
the constitution of the United States was administered to 
all the delegates. 

On the 21st, the following amendment to the state 
constitution was adopted: 

The institution of slavery having been destroyed in the state of 
Mississippi, neither slavery nor involuntary servitude, etc., shall 
hereafter exist in the state. 

On the same day an ordinance was passed providing 
for a general election for representatives in congress, state 


RECONSTRUCTION. 


469 


officers, and members of the legislature, to be held on the 
2d of October. On the 22d, an ordinance was passed, 
declaring the ordinance of secession null and void. 

The state election took place on the 2d of October, and 
resulted in the choice of Benjamin G. Humphreys for 
governor. Five congressmen were also elected. * Both 
houses of the legislature convened, and organized on the 
16th, and chose United State senators. Governor Hum¬ 
phreys was inaugurated the next day. 

November ZOth .—Governor Humphreys sent a message 
recommending that negroes be permitted to sue and be 
sued, and give testimony, and that the freedmen be en¬ 
couraged to engage in the pursuits of industry. 

November ZTUh .—The joint committee reported against 
ratifying the anti-slavery amendment for reasons given, 
and the legislature adopted the report. 

South Carolina .—This state inaugurated the secession 
movement, and on the 20th of December, 1860, Governor 
Pickens issued a proclamation declaring “ the dissolution 
of the union between the state of South Carolina and 
other states under the name of the United States of 
America.” During the entire war the greater portion of 
the state remained subject to confederate control. Gene¬ 
ral Sherman took possession of Columbia, Charleston and 
other towns in March, 1865, and when the armies of Lee 
and Johnston surrendered, the control of federal military 
power was complete. 

The people were prompt to resume the pursuits of peace, 
and ready to render their allegiance to the federal gov¬ 
ernment. Troops were stationed at various towns of the 
state to preserve order, and affairs continued in this shape 
until June 30th, when President Johnson appointed Ben¬ 
jamin F. Perry as provisional governor. 

This was followed on July 1st, by a proclamation from 
Governor Perry, to the following effect: 

That all civil officers, who were in office when the civil govern¬ 
ment of the state was suspended, shall, on taking the oath of alle¬ 
giance prescribed in the president’s amnesty proclamation, resume 
the duties of their offices, until further appointments are made. 

And further, that it is the duty of all loyal citizens to go promptly 
forward and take the oath of allegiance. 

And that the managers of elections will hold an election through¬ 
out the state, for members of a state convention, on the first Monday 


470 


CITIZEN’S MANUAL. 


in September, according to the laws of South Carolina in force be¬ 
fore secession. 

The members of the convention thus elected are required to con¬ 
vene in the city of Columbia on the 13tli day of September, 1865, 
for the purpose of altering and amending the present constitution 
of South Carolina, or making a new one, which will conform to the 
great changes that have taken place in the state, and be more in 
accordance with republican principles ai\d equality of represen¬ 
tation. 

On the 13th of September the convention, which had 
been elected in accordance with the governor’s proclama¬ 
tion, assembled at Columbia, and continued in session 
fifteen days. In that time it adopted resolutions rescind¬ 
ing the act of secession, abolishing slavery and extending 
to the people further political privileges. 

In October an election was held for governor and lieu¬ 
tenant-governor, and members of both houses of the 
legislature; James L. Orr was chosen governor. The leg¬ 
islature met October 25th, and the provisional governor 
addressed a message to them. He said the state of South 
Carolina was as far advanced in the plan of reconstruction 
as any other state, and recommended fostering internal 
improvements, protection for the freedmen and various 
other measures. 

November 13 th .—The legislature ratified the constitu¬ 
tional amendment abolishing slavery. Respecting the 
repudiation of the rebel debt considerable correspondence 
took place with the authorities at Washington, when the 
subject was referred to a joint committee of both houses, 
with instructions to report at the next regular session of 
the legislature in November, 1866. 

November 22 d .—An election was held for members of 
congress. The most important action of the session re¬ 
lated to freedmen. To a committee of two was entrusted 
the duty of suggesting a code to the legislature during 
the session. This committee made an extended report 
for the regulation of labor and the protection and gov¬ 
ernment of colored persons. Although the subject was 
largely discussed, final action was not taken during the 
sessions of the legislature. 

Some of the important features of the report are of 
general interest. The rights and remedies respecting per¬ 
sons or property, and the duties and liabilities under the 


RECONSTRUCTION. 


471 


law, whether civil or criminal, which apply to white per¬ 
sons, are extended to persons of color. The relation of 
husband and wife is fully recognized and established. 

On the subject of testimony it is declared, that “in 
every case, civil or criminal, in which a person of color 
is a party, or which affects his person or property, persons 
of color shall be competent witnesses; and in every case 
either party may offer testimony as to his own character 
or that of his adversary, all parties to suits being allowed 
to give evidence.” 

In November the colored state convention issued an 
address to the white people of the state, asking that in 
all respects they should be dealt with as others are in 
equity and justice. 

The members elected to congress were not admitted to 
their seats. 

Texas .—The ordinance of secession passed in conven¬ 
tion February 1, 1861, and was adopted by a vote of the 
people on the 23d. 

At the close of the war, a good deal of anarchy pre¬ 
vailed in Texas. Pendleton Murrah, still exercising the 
functions of governor, issued a call for the legislature to 
meet on the 16th of July, 1865, and ordered an election 
for delegates to a state convention to meet and take 
measures for the restoration of the state to the union. 
In the meantime, on the 17th of June, the president ap¬ 
pointed Andrew J. Hamilton provisional governor. On 
his arrival in Galveston, in July, he issued a proclamation 
announcing his appointment, with instructions to take the 
necessary steps for holding a convention, to be composed 
of delegates chosen by that portion of the people known 
to be loyal, for the purpose of amending the constitution, 
reorganizing the state government, and restoring the state 
tC constitutional relations with the United States. He 
-declared to be in force only such laws as had been enacted 
and had been in force before the last of February, 1861, 
except so far as they might be affected by the emancipa¬ 
tion of slaves by United States authority. 

On the 19th of August, the provisional governor issued 
another proclamation, containing regulations with regard 
to administering the amnesty oath preparatory to the 
election of delegates to the state convention, which was 


CITIZEN’S MANUAL. 


m 

appointed to be held on the 8th of January, 1866, and to 
assemble on the 7th of February following. The conven¬ 
tion met at the time appointed and passed an ordinance 
abolishing slavery. This state was not excepted in the 
president’s proclamation of April 2, 1866, declaring “ that 
the insurrection which heretofore existed in the states of 
Georgia, South Carolina, etc., is at an end, and is hence¬ 
forth so to be regarded,” but subsequently on Aug. 20th, 
the president issued another proclamation, declaring the 
insurrection to be at an end in Texas likewise. 

Governor Throckmorton had previously been elected 
by a large majority, and was inaugurated August 9th. 
Provisional Governor Hamilton was relieved from his 
trust by order of the president, August 11th, since which 
time public affairs have been administered by the proper 
state authorities. 

Georgia .—The ordinance of secession passed in Georgia 
January 19, 1861. After the surrender of General John¬ 
ston’s army, all resistance on the part of the state was at 
an end. May 5, 1865, Governor Brown issued a procla¬ 
mation calling an extra meeting of the legislature for 
the 22d. 

May 14th, General Gilmore, military commander, issued 
an order annulling this proclamation, and directing the 
persons interested not to heed it. On the 17th of June, 
James Johnson, a citizen of Georgia, was appointed by 
the president the provisional governor, to conduct the 
reorganization of the state. 

July 13th, Provisional Governor Johnson issued a proc¬ 
lamation fixing the first Wednesday in October for an 
election for delegates to a state convention—these to be 
the qualifications of voters : 

“ That no person at such election shall be qualified as an elector, 
or shall be eligible as a member of such convention, unless he shall 
have previously thereto taken and subscribed to the oath of amnesty, 
as set forth in the president’s proclamation of May 29, A. D., 1805, 
and is a voter qualified as prescribed by the constitution and laws 
of the state of Georgia, in force immediately before the 19th 
of January, A. d. 1861, the date of the so-called ordinance of 
sscession.” 

The election of delegates to the convention was held on 
October 4th. The people had apparently accepted the 


— RECONSTRUCTION. 473 

conditions imposed by the result of the war, and were 
anxious for a speedy re-admission into the union. 

The convention met at Milledgeville on the 25th of 
October. The following oath was administered to the 
members : 

You, and each of you, do solemnly swear in the presence of 
Almighty God, that you will henceforth faithfully support, protect 
and defend the constitution of the United States, and the union 
of the states thereunder ; and that you will, in like manner, abide 
by and faithfully support all laws and proclamations which have 
been made, during the existing rebellion, with reference to the 
emancipation of slaves. 

October 30th, the secession ordinance was repealed. 

November 4th, slavery was declared abolished, “the 
government of the United States having, as a war meas¬ 
ure, proclaimed all slaves held or owned in this state 
emancipated from slavery, and having carried that proc¬ 
lamation into full practical effect.” 

November 8th, the state debt of Georgia, incurred in 
aid of the rebellion, was declared null and vpid. 

The state convention was entirely revised and adapted 
to the changes in civil and social affairs. In this instru¬ 
ment the emancipation of slaves was expressly recognized, 
and the legislature required to make regulations respect¬ 
ing the altered relations of this class of persons. The 
instrument, in its revised form, was unanimously adopted 
by the convention. 

November 8th, the convention adjourned. 

On the 15th of November an election was held for 
members of congress, state officers, and the members of 
a state legislature, as provided by the convention, and 
that body assembled at Milledgeville on December 4th. 

On the next day, the amendment to the federal consti¬ 
tution relative to slavery, was brought forward in the 
house, and, under the suspension of the rules, was passed 
without debate, and by an almost unanimous vote. The 
amendment was taken up in the senate on the next morn¬ 
ing, and passed. 

The governor elect, Charles J. Jenkins, was inaugurated 
December 14th, and December 19th Provisional Governor 
Johnson was relieved from his duties. The legislature 
subsequently passed a resolution regulating contracts with 


474 


CITIZEN’S MANUAL. 


freedraen, and another regulating the mode of taking their 
testimony. This latter act makes free persons of color 
competent witnesses in civil cases where like persons are 
defendant, and in criminal cases where the offense is 
against the property or persons of freedmen. It provides 
also that when freedmen are plaintiff and defendant, they 
may make and file any affidavit now allowed to citizens, 
which shall have the same force as if they were whites. 

North Carolina .—A convention of delegates elected 
by the people of North Carolina, met at Raleigh, May 20, 
1861. On the 21st the convention passed an ordinance 
of secession, and ratified the confederate constitution 
June 5th. An ordinance passed ceding the U. S. arsenal 
at Fayetteville, together with the magazines, etc., to the 
confederate government. 

Immediately after the surrender of the confederate 
armies, General Schofield, then federal commander in the 
state, issued an order announcing the policy he intended 
to pursue. This order declared that hostilities had defi¬ 
nitely ceased; that the war was ended; and that it was 
hoped peace would soon be restored throughout the 
country. Protection was promised to all good and peace¬ 
able citizens, and supplies offered to the needy. 

To decide the civil position of the negroes, he at the 
same time issued an order, declaring all persons in the 
state, before held as slaves, to be free, and that it was the 
duty of the army to maintain the freedom of such persons. 

Public meetings were held in various counties of the 
state, at which resolutions expressing the views of the 
people were adopted. They requested the president to 
adopt measures, as early as practicable, for the restoration 
of civil law in the state; and accepted the abolition of 
slavery as a part of the accomplished situation of affairs. 
Public affairs continued under the control of the military 
authorities until May 29th, when President Johnson ap- 
poined William W. Holden provisional governor. 

August 8th, Provisional Governor Holden issued a 
proclamation for the election of delegates to a state con¬ 
stitutional convention. 

On the 12th of September, the election for delegates to 
the state convention was held, and that body assembled 
at Raleigh on October 2d, and organized for action. All 


REC0N8TRU CTION. 


475 


the counties of the state, except three, were fully repre¬ 
sented, and all the members present took the oath to 
support the constitution of the United States. 

Ordinances were passed by the unanimous vote of the 
convention, declaring the ordinance of secession passed in 
1861 to be null and void; prohibiting slavery within the 
state forever; and repudiating the debt contracted for the 
prosecution of the war against the United States, and 
prohibiting any future legislature from assuming or pay¬ 
ing any such debt. 

It was also provided by the convention that these ordi¬ 
nances should be submitted to the people for ratification 
or rejection, at the time when the election for state offi¬ 
cers was held. The ordinances * referred to the people 
were ratified on the day of election, and Jonathan North 
was chosen governor by a considerable majority over 
W. W. Holden, the provisional governor, who was also a 
candidate. Meanwhile, the legislature held a brief session, 
during which it ratified the amendment to the federal 
constitution abolishing slavery, elected United States 
senators, and adopted other measures suggested by the 
provisional governor. 

On December 15th, the newly elected governor was 
duly inaugurated, and on the 23d, by direction of the 
president, Governor Holden was relieved from his trust, 
and the affairs of the state committed to the hands of the 
governor elected by the people. 

Florida .—The ordinance of secession passed in this 
state, January 10, 1861. 

On July 13, 1865, the president appointed William 
Marvin provisional governor, who soon commenced his 
duties, and on August 2d delivered an address to the 
people of Jacksonville, making known the plan of the 
president, and calling their attention to the subjects most 
essential to their welfare. Pardon was offered, with a 
few exceptions, to all. 

August 23d, the governor issued a proclamation ap¬ 
pointing an election for delegates to a state convention 
on the 10th of October, and designating the 25th of the 
same month as the day on which the convention should 
meet. No person could vote or be eligible as a delegate 
to said convention, unless he had taken and subscribed to 


476 


CITIZEN’S MANUAL. 


the president’s oath of amnesty, and was otherwise quali¬ 
fied by the laws of the state. 

The members of the convention thus called, were duly 
elected on October 10th, and assembled at Tallahassee on 
the 25th. The convention, in the progress of its business, 
annulled the ordinance of secession, abolished slavery, 
and declared all the inhabitants of the state, without dis¬ 
tinction of color, to be free, and that no person should be 
incompetent to testify as a witness, on account of color, 
in any matter in which a colored person is concerned. It 
also repudiated the state debt contracted in support of the 
rebellion, and amended the constitution in other respects. 

The convention further ordered that the election of 
governor and other executive officers, representatives in 
congress, and members of the legislature, should be held 
on November 29th, and that the legislature should as¬ 
semble on the 3d Monday in December. 

The election resulted in the choice of David S. Walker 
as governor. The legislature met December 18th. On 
the 21st, the newly elected governor, Walker, was inau¬ 
gurated. December 28th, the anti-slavery amendment 
was ratified with this declaratory resolution : 

Resolved, That this amendment to the constitution of the United 
States is adopted by the legislature of the state of Florida, with 
the understanding that it does not confer upon congress the power 
to legislate upon the political status of the freedmen in this state. 

January 18, 1866, Provisional Governor Marvin was 
relieved of his trust, and directed to transfer the papers 
and property of the state to Governor Walker. 

Louisiana .—The ordinance of secession was passed in 
this state, January 25, 1861, and was not submitted to 
the people. 

When General Butler took possession of New Orleans 
in 1862, he invited all persons well disposed toward the 
United States, to renew their oath of allegiance, and sev¬ 
eral thousand availed themselves of the privilege. Under 
a proclamation by the military governor, an election was 
held December 3, 1862, for representatives in congress 
from the first and second districts of the state, and the 
gentlemen thus chosen were admitted to their seats; and 
from that time the desire for a new state government and 
a resumption of state functions, rapidly increased through- 


RECONSTRUCTION. 


477 


out that portion of the state within the federal lines. An 
election for state officers was held on the 22d of February, 
1864, and these officers were installed on the 4th of March 
following. A convention assembled on the 6th of April, 
which adopted a constitution republican in form, and in 
harmony with the constitution of the United States. 
This constitution was submitted to the people on the first 
Monday of September following, and adopted by a very 
decided majority of votes. At the same time the vote 
was taken on the adoption of the constitution, a legisla¬ 
ture was elected, representing all those parishes of the 
state reclaimed from insurgent control, and embracing 
about two thirds of its population. Michael Hahn was 
chosen governor, and the legislature assembled at New 
Orleans on the 3d of October, 1864, and proceeded to put 
in operation a state government, by providing for the 
levying and collecting of taxes, the establishment of tribu¬ 
nals for the administration of justice, and such other 
measures as were necessary for the full re-establishment 
of state functions. 

On the 1st of March, 1865, Governor Hahn resigned 
his office, and was succeeded by the lieutenant-governor, 
Wells. September 21st, Governor Wells issued a procla¬ 
mation declaring that an election would be held in every 
parish of the state on November 6th, for the choice of 
governor and other state officers. 

Shortly afterwards, two conventions were held, repre¬ 
senting different parties in the state, the one termed the 
Democratic, and the other designated as the National Con¬ 
servative Union. Governor Wells was nominated for re- 
election by both conventions, and in November was chosen 
governor. On November 23d, the legislature assembled 
at New Orleans in an extra session called by the governor. 
At this session bills were passed “to provide for and 
regulate labor contracts for agricultural pursuits,” “ rela¬ 
tive to apprentices and indentured servants,” and “ to 
punish in certain cases the employers of laborers or ser¬ 
vants.” The status of freedmen was declared to be the 
same as the free negroes of Louisiana have always en¬ 
joyed under the laws, thereby admitting their right to 
sue and be sued, to plead and be impleaded, to own, 
possess, establish ownership, and have their property de- 


478 


CITIZEN’S MANUAL. 


fended by the courts, but prohibiting them from voting 
or participating at elections. The proposed amendment 
to the federal constitution was brought up, for the pur¬ 
pose of setting at rest the doubts as to its passage by the 
constitution of 1864. It was adopted by a vote of two 
to one in the assembly, in the following form : 

“ That the aforesaid proposed amendment to the constitution of 
the United States, is hereby ratified and adopted with the express 
understanding that, in the sense of the general assembly, the 
power granted to congress by the second section of the foregoing 
amendment, is strictly limited to legislation appropriate and neces¬ 
sary for the prevention and prohibition of slavery or involuntary 
servitude within the United States, or any place subject to their 
jurisdiction ; and that any attempt on the part of congress to leg¬ 
islate otherwise on the political status or civil relations of former 
slaves within any state, would be a violation of the constitution 
of the United States as it now is, or as it will be, altered by the 
proposed amendment.” 

Two United States senators were also chosen at this 
session, thus repudiating an election which had been 
made at the beginning of the year. 

RECONSTRUCTION ACT, ESTABLISHING MILITARY GOVERNMENTS 
IN THE SOUTH. 

The following bill passed both houses of congress in 
February, 1867, by a vote of more than two-thirds, and 
though vetoed by the president, was enacted over the veto: 

Whereas, No legal state governments or adequate protection for 
life or property now exist in the rebel states of Virginia, North 
Carolina, South Carolina, Georgia, Alabama, Mississippi, Louisiana, 
Florida, Texas and Arkansas; and whereas it is necessary that 
peace and good order should be enforced in said states until loyal 
and republican state governments can be legally established; 
therefore 

Be it enacted, etc., That said rebel states shall be divided into 
military districts and made subject to the military authority of 
the United States, as hereinafter mentioned ; and for that purpose 
Virginia shall continue the first district, North Carolina and South 
Carolina the second district, Georgia, Alabama and Florida the 
third district, Mississippi and Arkansas the fourth district, and 
Louisiana and Texas the fifth district. . 

Sec. 2. That it shall be the duty of the president to assign to 
the command of each of said districts an officer of the army not 
below the rank of brigadier-general, and to detail a sufficient 
military force to enable such officer to perform his duties and 
enforce his authority within the district to which he is assigned. 


RECONSTRUCTION. 


479 


Sec. 3. That it shall he the duty of each officer assigned as 
aforesaid to protect all persons in their rights of person and prop¬ 
erty, to suppress insurrection, disorder and violence, and to punish 
or cause to be punished all disturbers of the public peace ard 
criminals; and to this end he may allow local civil tribunals to 
take jurisdiction of and try offenders, or, when in his judgment it 
may be necessary for the trial of offenders, he shall have power to 
organize military committees or tribunals for that purpose; and 
all interference under color of state authority with the exercise of 
military authority under this act shall be null and void. 

Sec. 4. That all persons put under military arrest by virtue of 
this act shall be tried without unnecessary delay, and no cruel 
or unusual punishment shall be inflicted, and no sentence of any 
military commission or tribunal hereby authorized affecting the 
life or liberty of any person shall be executed until it is approved 
by the officer in command of the district; and the laws and regu¬ 
lations for the government of the army shall not be affected by 
this act, except in so far as they may conflict with its provisions. 
Provided, That no sentence of death under this act shall be carried 
into execution without the approval of the president. 

Sec. 5. When the people of any one of said rebel states shall 
have formed a constitution and government in conformity with the 
constitution of the United States in all respects, framed by a con¬ 
vention of delegates elected by the male citizens of said state 
twenty-one years old and upward, of whatever race, color, or pre¬ 
vious condition, who have been resident in said state for one year 
previous to the day of such election, except such as may be dis¬ 
franchised for participation in the rebellion or for felony at common 
law, and when such constitution shall provide that the elective 
franchise shall be enjoyed by all such persons as have the qualifi¬ 
cations herein stated for electors of delegates, and when such con¬ 
stitution shall be ratified by a majority of the persons voting on 
the question of ratification who are qualified as electors for dele¬ 
gates, and when such constitution shall have been submitted to 
congress for examination and approval, and congress shall have 
approved the same, and when said state by a vote of its legislature 
elected under said constitution shall have adopted the amendment 
to the constitution of the United States proposed by the XXXIXth 
congress, and known as Article 14, and when said article shall 
have become part of the constitution of the United States, said 
state shall be declared entitled to representation in congress, and 
senators and representatives shall be admitted therefrom on their 
taking the oath prescribed by law, and then and thereafter the 
preceding sections of this act shall be inoperative in said state. 
Prodded, That no person excluded from the privilege of holding 
office by said proposed amendment to the constitution of the United 
States shall be eligible to election as a member of the convention to 
frame a constitution for any of said rebel states, nor shall any such 
person vote for members of such convention. 

Sec. 6. And be it further enacted . That until the people of the 
said rebel states shall by law be admitted to representation to the 


480 


CITIZEN’S MANUAL. 


congress of the United States, all civil governments that may exist 
therein shall be deemed provisional only, and shall be in all re¬ 
spects subject to the paramount authority of the United States, at 
any time to abolish, modify, control, and supersede the same, and 
in all elections to any office under such provisional governments 
all persons shall be entitled to vote under the provisions of the 
fifth section of this act. And no person shall be eligible to any 
office under such provisional governments who would be disquali¬ 
fied from holding office under the provisions of the third article of 
said constitutional amendment. 

II.— THE FIRST SUPPLEMENTAXi RECONSTRUCTION ACT, 
Passed March 23, 1867, by the XL. Congress. 

The following are the main provisions of this act: 

Before Sept. 1,1867, the commanding general in each district, de¬ 
fined by an act entitled “An act to provide for the more efficient 
government of the rebel states,” passed March 2, 1867, shall cause 
a registration to be made of the male citizens of the United States, 
21 years of age and upwards, resident in each county or parish in 
the state or states included in his district, which registration shall 
include only those persons who are qualified to vote for delegates 
by the act aforesaid, and who shall have taken and subscribed the 

following oath or affirmation: “ I-, do solemnly swear (or 

affirm), in the presence of Almighty God, that I am a citizen of the 

state of-; that I have resided in said state for-months 

next preceding this day, and now reside in the county of-or 

the parish of-, in said state (as the case may be); that I am 

twenty-one years old; that I have not been disfranchised for parti¬ 
cipation in any rebellion or civil war against the United States, nor 
for feloDy committed against the laws of any state or of the United 
States ; that I have never been a member of any state legislature, 
nor held any executive or judicial office in any state and afterwards 
engaged in insurrection or rebellion against the United States, or 
given aid or comfort to the enemies thereof; that I have never 
taken an oath as a member of congress of the United States, or as 
a member of any state legislature, or as an executive or judicial of¬ 
ficer of any state, to support the constitution of the United States, 
and afterwards engaged in insurrection or rebellion against the 
United States, or given aid or comfort to the enemies thereof; 
that I will faithfully support the constitution and obey the laws 
of the United States, and will, to the best of my ability, encourage 
others to do so, so help me God ; ” which oath or affirmation may 
be administered by any registering officer. 

Sec. 2. After the completion of the registration hereby provided 
for in any state, at such time and places therein as the command¬ 
ing general shall appoint and direct, of which at least thirty days’ 
public notice shall be given, an election shall be held of delegates 
to a convention for the purpose of establishing a constitution and 
civil government for'sucli state loyal to the union, said convention 







RECONSTRUCTION. 


481 


in each state, except Virginia, to consist of the same number of 
members as the most numerous branch of the state legislature of 
such state in the year 1860, to be apportioned among the several 
districts, counties, or parishes of such state by the commanding 
general, giving to each representation in the ratio of voters regis¬ 
tered as aforesaid, as nearly as may be. The convention in Virginia 
shall consist of the same number of members as represented the 
territory now constituting Virginia in the most numerous branch 
of the legislature of said state in the year 1860, to be apportioned 
as aforesaid. 

Sec. 8 . At said election the registered voters of each state shall 
vote for or against a convention to form a constitution therefor 
un ler this act. The person appointed to superintend said election, 
and to make return of the votes given thereat, as herein provided, 
shall count and make return of the votes given for and against a 
convention ; and the commanding general to whom the same shall 
have been returned, shall ascertain and declare the total vote in 
each state for and against a convention. If a majority of the votes 
given on that question shall be for a convention, then such conven¬ 
tion shall be held as hereinafter provided ; but if a majority of said 
votes shall be against a convention, then no such convention shall 
be held under this act; Provided, that such convention shall not be 
held unless a majority of all such registered voters shall have voted 
on the question of holding such convention. 

Sec. 4. The commanding general of each district shall appoint as 
many boards of registration as may be necessary, consisting of three 
loyal officers or persons, to make and complete the registration, 
superintend the election, and make return to him of the votes, 
lists of voters, and of the persons elected as delegates by a plurality 
of the votes cast at said election ; and upon receiving said returns 
he shall open the same, ascertain the persons elected as delegates 
according to the returns of the officers who conducted said election, 
and make proclamation thereof; and a majority of the votes 
given on that question shall be for a convention, the commanding 
general, within sixty days from the date of election, shall notify the 
delegates to assemble in convention, at a time and place to be men¬ 
tioned in the notification, and said convention, when organized, 
shall proceed to frame a constitution and civil government accord¬ 
ing to the provisions of this act and the act to which it is supple¬ 
mentary ; and when the same shall have been so framed, said 
constitution shall be submitted by the convention for ratification to 
the persons registered under the provisions of this act, at an election 
to be conducted by the officers or persons appointed or to heap 
pointed by the commanding general, as hereinbefore provided, aud 
to be held after the expiration of thirty days from the date of notice 
thereof, to be given by said convention; and the returns thereof 
shall be made to the commanding general of the district. 

Sec. 5. That if, according to said returns, the constitution shall 
be ratified by a majority of the votes of the registered electors 
qualified as herein specified, cist at said election (at least one-lialf 
of all the registered voters voting upon the question of such ratifi- 


482 


CITIZEN’S MANUAL. 


cation), tlie president of the convention shall transmit a copy of the 
same, duly certified, to the president of the United States, who 
shall forthwith transmit the same to congress, if then in session, 
and if not in session, then immediately upon its next assembling; 
and if it shall, moreover, appear to congress that the election was 
one at which all the registered and qualified electors in the state 
had an opportunity to vote freely and without restraint, fear, or the 
influence of fraud, and if the congress shall be satisfied that such 
constitution meets the approval of a majority of all the qualified 
e-ectors in the state, and if the said constitution shall be declared 
by congress to be in conformity with the provisions of the act to 
which this is supplementary, and the other provisions of said act 
shall have been complied with, and tlie said constitution shall be 
approved by congress, the state shall be declared entitled to repre¬ 
sentation, and senators and representatives shall be admitted there¬ 
from as therein provided. 

Sec. 6. All elections in the states mentioned in the said “ Act to 
provide for the more efficient government of the rebel states,” shall, 
during the operation of said act, be by ballot; and all officers mak¬ 
ing the said registration of voters and conducting said elections, 
shall, before entering upon the discharge of their duties, take and 
subscribe the oath prescribed by the act approved July 2, 18G2, 
entitled “An act to prescribe an oath of office : ” Provided, That if 
any person shall knowingly and falsely take and subscribe any oath 
in this act prescribed, such person so offending and being thereof 
duly convicted, shall be subject to the pains, penalties, and disabili¬ 
ties which by law are provided for the punishment of the crime of 
willful and corrupt perjury. 

III.— THE SECOND SUPPLEMENTARY RECONSTRUCTION ACT OP . 

JULY 19, 1867. 

This act is as follows : 

Sec. 1. That it is hereby declared to have been the true intent 
and meaning of the act of the second day of March, one thousand 
eight hundred and sixty-seven, entitled, “An act to provide for 
the more efficient government of the rebel states,” and of the act 
supplementary thereto, passed on the twenty-third day of March, 
in the year one thousand eight hundred and sixty-seven, that the 
governments then existing in the rebel states of" Virginia, North 
Carolina, South Carolina, Georgia, Mississippi, Alabama, Louisiana. 
Florida, Texas and Arkansas, were not legal state governments ; 
and that thereafter said governments, if continued, were to be con¬ 
tinued subject in all respects to the military commanders of the re¬ 
spective districts, and to the paramount authority of congress. 

Sec. 2. That the commander of any district named in said act 
shall have power, subject to the disapproval of the general of the 
army of the United States, and to have effect, till disapproved, 
whenever in the opinion of such commander the proper adminis¬ 
tration of said act shall require it, to suspend or removeTrom office, 
or from the performance of official duties and the exercise of official 


RECONSTRUCTION. 


483 


powers, any officer or person holding or exercising, or professing to 
hold or exercise, any civil or military office or duty in such district 
under any power, election, appointment, or authority derived from, 
or granted by, or claimed under, any so-called state or the govern¬ 
ment thereof, or any municipal or other division thereof; and upon 
such suspension or removal such commander, subjectto the approval 
of the general as aforesaid, shall have power to provide from time 
to time for the performance of the said duties of such officer or per¬ 
son so suspended or removed, by the detail of some competent officer 
or soldier of the army, or by the appointment of some other person, 
to perform the same, and to fill vacancies occasioned by death, 
resignation, or otherwise. 

Sec. 3. That the general of the army of the United States shall 
be invested with all the powers of suspension, removal, appoint¬ 
ment, and detaching granted in the preceding section to district 
commanders. 

Sec. 4. That the acts of the officers of the army already done in 
removing in said districts persons exercising the functions of civil 
officers, and appointing others in their stead, are hereby confirmed ; 
Provided, That any person heretofore or hereafter appointed by any 
district commander to exercise the functions of any civil office may 
be removed either by the military officer in command of the district, 
or by the general of the army. And it shall be the duty of such 
commander to remove from office, as aforesaid, all persons who are 
disloyal to the government of the United States, or who use their 
official influence in any manner to hinder, delay, prevent, or obstruct 
the due and proper administration of this act and the acts to which 
it is supplementary. 

Sec. 5. That the boards of registration provided for in the act 
entitled “ An act supplementary to an act entitled ‘ An act to pro¬ 
vide for the more efficient government of the rebel states,’ passed 
March two, eighteen hundred and sixty-seven, and to facilitate res¬ 
toration,” passed March twenty three, eighteen hundred and sixty- 
seven, shall have power, and it shall be their duty before allowing 
the registration of any person, to'ascertain, upon such facts or in¬ 
formation as they can obtain, whether such person is entitled to be 
registered under said act, and the oath required by said act shall 
not be conclusive on such question, and no person shall be regis¬ 
tered unless such board shall decide that he is entitled thereto; and 
such board shall also have power to examine, under oath, (to be ad¬ 
ministered by any member of such board,) any one touching the 
qualification of any person claiming registration; but in every 
case of refusal .by the board to register an applicant, and in every 
case of striking liis name from the list as hereinafter provided, the 
board shall make a note or memorandum, which shall be returned 
with the registration list to the commanding general of the district, 
setting forth the grounds of such refusal or such striking from the 
list: Provided, That no person shall be disqualified as a member of 
any board of registration by reason of race or color. 

Sec. 6 . That the true intent and meaning of the oath prescribed 
in said supplementary act is, (among other things,) that no person 


484 


CITIZEN’S MANUAL. 


who has been a member of the legislature of any state, or who has 
held any executive or judicial office in any state, whether he has 
taken an oath to support the constitution of the United States or 
not, and whether he was holding such office at the commencement 
of the rebellion, or had held it before, and who has afterwards en¬ 
gaged in insurrection or rebellion against the United States, or 
given aid or comfort to the enemies thereof, is entitled to be regis¬ 
tered or to vote; and the words “ executive or judicial office in any 
state” in said oath mentioned shall be construed to include all civil 
offices created by law for the administration of any general law of a 
state, or for the administration of justice. 

Sec. 7. That the time for completing the original registration 
provided for in said act may, in the discretion of the commander of 
any district, be extended to the first day of October, eighteen hun¬ 
dred and sixty seven; and the boards of registration shall have 
power, and it shall be their duty, commencing fourteen days prior 
to any election under said act, and upon reasonable public notice of 
the time and place thereof, to revise, for a period of five days, the 
registration lists, and upon being satisfied that any person not en¬ 
titled thereto has been registered, to strike the name of such person 
from the list, and such person shall not be allowed to vote. And 
such board shall also, during the same period, add to each registry 
the names of all persons who at that time possess qualifications 
required by said act who have not been already registered ;_and no 
person shall, at any time, be entitled to be registered or to vote by 
reason of any executive pardon or amnesty for any act or thing 
which, without such pardon or amnesty, would disqualify him from 
registration or voting. 

Sec. 8. That all members of said boards of registration, and all 
persons hereafter elected or appointed to office in said military dis¬ 
tricts, under any so-called state or municipal authority, or by detail 
or appointment of the district commander, shall be required to take 
and subscribe to the oath of office prescribed by law for the officers 
of the United States. 

Sec. 9. That no district commander or member of the bbard of 
registration, or any officer or appointee acting under them, shall be 
bound in his action by any opinion of any civil officer of the United 
States. 

Sec. 10. That section four of said last named act shall be construed 
to authorize the commanding general named therein, whenever he 
shall deem it needful, to remove any member of a board of regis¬ 
tration and to appoint another in his stead, and to fill any vacancy 
in such board. 

Sec. 11. That all the provisions of this act and of the acts to 
which this is supplementary, shall be construed liberally to the end 
that all the intents thereof may be fully and perfectly carried out. 


RECONSTRUCTION. 


485 


IV.— THE RECEPTION OE THE INSURRECTIONARY STATES IN 
ACCORDANCE WITH THESE ACTS. 

The state of Tennessee had been restored to the union 
by the thirty-ninth congress. 

Arkansas was restored in June, 1868, and North Caro¬ 
lina, South Carolina, Alabama, Louisiana, Georgia and 
Florida, by the following act, which was passed June 25, 
1868: 

An act to admit the states of North Carolina, South Carolina, 
Louisiana , Georgia, Alabama and Florida to representation in con¬ 
gress. Whereas, the people of North Carolina, South Carolina, 
Louisiana, Georgia, Alabama and Florida have, in pursuance of the 
provisions of an act entitled “ An act for the more efficient govern¬ 
ment of the rebel states,” passed March 2, 1867, and the acts sup¬ 
plemental thereto, framed constitutions of a state government, 
which are republican, and have adopted said constitutions by large 
majorities of the votes cast at the elections held for the ratification 
or repealing of the same. 

Therefore, be it enacted, That each of the states of North Carolina, 
South Carolina, Louisiana, Georgia, Alabama and Florida shall be 
entitled and admitted to representation in congress as a state of the 
union, when the legislature of such states shall have duly ratified 
the amendment to the constitution of the United States, proposed 
by the XXXIX Congress, and known as article 14, upon the follow¬ 
ing fundamental conditions: 

Sec. 1. That the constitution of neither of said states shall ever 
be so amended or changed as to deprive any 'citizen or class of citi¬ 
zens of the United States of the right to vote in said state who are 
entitled to vote by the constitution thereof herein recognized, ex¬ 
cept as a punishment of such crimes as are now felonies at common 
law, where they shall have been duly convicted under laws equally 
applicable to all the inhabitants of said state; Provided, That any 
alteration of said constitutions, prospective'in its effect, may be 
made with regard to the time and place of residence of voters; and 
the state of Georgia shall only be entitled and admitted to repre¬ 
sentation upon thi3 further fundamental condition: That the first 
and third subdivisions of section 17 of the fifth article of the con¬ 
stitution of said state, except the proviso to the first subdivision, 
shall be null and void, and that the general assembly of said state 
by solemn public act shall declare the assent of the state to the 
foregoing fundamental condition. 

Sec. 2. That if the day fixed for the first meeting of the legisla¬ 
ture of either of said states by the constitution or ordinance thereof 
shall have passed, or so nearly arrived, before the passage of this 
act, that there shall not be time for the legislature to assemble at 
the period fixed, such legislature shall convene at the end of twenty 
days from the time this act takes effect unless the governor elect 
shall sooner convene the same. 


CITIZEN’S MANUAL. 


480 

Sec. 3. That the first section of this act shall take effect as to 
each state, except Georgia, when such state shall, by its legislature, 
duly ratify article 14 of the amendment to the constitution of the 
United States, proposed by the thirty-ninth congress; and as to the 
state of Georgia, when it shall, in addition, give the assent of said 
"state to the fundamental condition hereinbefore imposed upon the 
same, thereupon the officers of each state duly elected and qualified 
under the constitution thereof shall be inaugurated without delay ; 
but no person prohibited from holding office under the United 
States, or under any state, by section 3 of the proposed amendment 
to the constitution of the United States, known as article 14, shall 
be deemed eligible to any office in either of said states, unless re¬ 
lieved from disability as provided in said amendment; and it is 
hereby made the duty of the president, within ten days after receiv¬ 
ing official information of the ratification of said amendment by the 
legislature of either of said states, to issue a proclamation announc¬ 
ing that fact. 

The following bill, also passed by congress, in July, 1868, 
was intended to obviate some difficulties in tbe organiza¬ 
tion of the legislatures of the reconstructed states, etc. : 

Be it enacted, etc., That the legislature of each of the states of 
Arkansas, North Carolina, South Carolina, Louisiana, Georgia and 
Alabama, elected under the constitution thereof framed and adopted 
in pursuance of the provisions of an act entitled, “ An act for the 
more efficient government of the rebel states,” passed March 2, 
1887, and the acts supplementary thereto, be and is hereby author¬ 
ized to meet on such day as may have been fixed, either in such 
constitution or by proclamation of any officer authorized to convene 
such legislature by the convention which framed such constitution, 
and if no day shall have been fixed as aforesaid, or if the day so 
fixed for the meeting of the legislature of either of said states shall 
have passed or shall have so nearly arrived, before the passage of 
this act, that in the opinion of the governor elect that there might 
not be time for the legislature to assemble on the day so fixed, such 
legislature may be convened within thirty days after the passage 
of this act by the governor of said state. 

Sec. 2. And be it further enacted, That whenever either of said 
states shall be admitted to representation in congress, the executive 
and judicial officers of such state, duly elected and qualified under 
the constitution thereof, may be inaugurated without delay, and 
the government of such states shall thereupon be transferred to the 
civil authorities thereof. 

Sec. 3. And be it further enacted. That it shall be the duty of all 
civil and military officers exercising authority in either of said 
states to afford all practicable aid and protection to the officers of 
such state in carrying out the provisions of this act; and any such 
officer who shall willfully withold such aid and protection, or shall 
willfully prevent, hinder or delay the meeting of either of said leg¬ 
islatures or the inauguration ot any of said state officers or of any 
other civil or military officer under either of said state authorities. 


RECONSTRUCTION. 


487 


shall be guilty of a felony, and upon conviction thereof before any 
federal or state court of criminal jurisdiction, shall be punished by 
imprisonment not exceeding ten years, or by a fine not exceeding ten 
thousand dollars, or both, at the discretion of the court. 

HISTORY OF POLITICS. 

The fourteenth amendment of the constitution, which 
removed all distinction of color in citizenship, was fully 
adopted during the early part of 1868. Out of the thirty- 
seven states twenty-nine voted for the amendment. At 
the commencement of the session of congress, beginning 
on December 7, 1867, the president, Mr. Johnson, seiit to 
the senate a statement of the reasons prompting his re¬ 
moval of Mr. Stanton as secretary of war. Over this act 
of the president there ensued a very warm contest, Mr. 
Stanton refusing to give up his bureau to Gen. Thomas, 
the new appointee, and exhausting every legal means to 
defeat the action of the executive. This imbroglio was 
a leading cause of the impeachment of President John¬ 
son, which was one of the causees celebres of the country. 
The excitement of the people throughout the United 
States, the formidable array of counsel, the ability with 
which both the prosecution and the defense were con¬ 
ducted conspired to invest the case with the deepest in¬ 
terest. The bitterness of feeling on both sides has hardly 
ever been surpassed in a question of pure politics. The 
impeachment resulted in the acquittal of the president, 
and shortly after this the senate failed to give a two-thirds 
vote in favor of the resolution denying the power of the 
president to remove the secretary of war. On this Mr. 
Stanton resigned, and Gen. J. M. Schofield was appointed 
to fill the vacancy. 

The act for the reconstruction of the southern states, 
first passed by congress, required the constitutions to be 
adopted by a majority of the registered voters. As it be¬ 
came evident that no such vote would be given, a supple¬ 
mental bill was passed to the effect that a majority of the 
votes cast would suffice. Under this act the states of 
Alabama, Arkansas, Florida, Georgia, Louisiana, North 
Carolina and South Carolina ratified their respective con¬ 
stitutions. The states of Mississippi, Texas and Virginia 
failed to reorganize during the year. A joint resolution 


483 


CITIZEN’S MANUAL. 


of congress then excluded these states from the vote for 
president to take place the same year. 

The national republican convention, held at Chicago 
on May 20th, nominated Gen. Ulysses S. Grant for pres¬ 
ident,'and Hon. Schuyler Colfax for vice-president. The 
democratic convention convened at New York on July 
4th nominated Horatio Seymour, of New York, as pres¬ 
ident, and Gen. Frank P. Blair, of Missouri, as vice-pres¬ 
ident. The result of the election was a majority of 
309,684 for the republican nominees. President Johnson 
issued two amnesty proclamations during the year. By 
the first’all persons were pardoned except those under 
presentment or indictment in any United States court; 
the second absolutely pardoned without reservation all 
persons who had participated in the late rebellion. The 
fifteenth amendment was introduced and passed by the 
senate during the term ending March 4, 1869. This pro¬ 
vided that the right of citizens to vote should not be 
abridged by any state. This amendment was ratified by 
a large number of states, but not by a threo-fourths ma¬ 
jority. Gen. Grant was installed on the fourth of March 
as president. The most prominent question in politics at 
the beginning of the new administration was that of com¬ 
pleting the reconstruction of the southern states in such 
a fashion that the political control should remain in the 
hands of those designated as loyal by the authorities at 
Washington. Virginia, Mississippi and Texas were still 
under military rule. In compliance with the recommen¬ 
dation of the president, congress passed an act requiring 
these states to vote on the constitutions that had been 
drafted, that they might resume their federal relations 
with the government. The elections were held accord¬ 
ingly, the constitutions ratified, and the fifteenth amend¬ 
ment before mentioned adopted. The object of the 
fifteenth amendment was to give a free ballot to all per¬ 
sons of the African race. The regulation of suffrage had 
hitherto been a matter of state legislation. This was so 
far changed as to preclude a state from rejecting a vote 
on account of color or previous condition of servitude. 
The ratification by Virginia, Texas and Mississippi com¬ 
pleted the number of states required by the constitution. 
The president, early in 1870, sent a message to congress 


RECONSTRUCTION. 


489 


announcing this result, and a bill was thereupon formally 
passed securing the freedom of suffrage to the colored 
male population of all the states. In the elections that 
were held under this new condition of things, a majority 
of the new voters cast their ballots for the republican 
candidates, but it soon became manifest that this new 
colored suffrage was not likely to be an element of perma¬ 
nent strength to any political party. 

The admission of a full congressional delegation from 
Virginia, Texas and Mississippi completed the work of 
reconstruction as far as congress was concerned, and the 
subject thereafter became one of less public moment. 
Other important questions assumed their proper promi¬ 
nence. Among these were the questions of taxation, pro¬ 
tection, and reduction of the public debt, which largely 
engaged the attention of co gress, though no definite 
action beyond a number of spirited debates was taken. 
Various cases bearing on these subjects came up for con¬ 
sideration before the supreme court, that served to widen 
and deepen the feeling of congress and the country as to 
the importance of shaping a definite policy on these sub¬ 
jects at an'early period. 

The numerous reports of outrages alleged to have been 
committed by secret organizations in the southern states 
led to the appointment of a senatorial committee to in¬ 
vestigate these disorders. North Carolina was the first 
state investigated, as the region in which the so-called 
Ku-kluxism was most dominant. In prosecuting their in¬ 
quiries the committee summoned before them men of all 
shades of political opinion and ranks in society; in a word, 
all classes from whom testimony likely to elucidate the 
subject could be expected. The report of the committee 
made early in 1871, gave the names of ninety blacks and 
forty-four whites, belonging to the republican party, who 
had been whipped, shot, mobbed, hanged, or driven from 
their homes by the Ku-klux. A minority report by sen¬ 
ators Bayard and Blair was offered, denying the conclu¬ 
sions of their colleagues, and asserting that no act of 
lawlessness had actually been proven to be committed. 
Congress accordingly passed what is known as thS Ku- 
klux bill, providing for the enforcement of legal authority 
in the states where outrages were alleged to have occur- 


490 


CITIZEN’S MANUAL. 


red, and the summary punishment of offenders. This 
measure was severely stigmatized by leading lawyers and 
statesmen as a direct blow aimed at the supremacy of the 
constitution. It was ably summed up by Senator Schurz 
in these words : “ The passage of this measure marks the 
enlargement of the national jurisdiction at the expense of 
local governments, and sets up a constructive rebellion in 
order to invest the president with discretionary power to 
suspend the habeas corpus laws.” This arbitrary measure 
awoke much disaffection among leading members of the 
republican party itself, and many of its brightest lights 
protested against its passage. On the strength of this 
bill the president declared martial law in the so-called 
insurrectionary districts, for the bill passed by congress 
went to the length of dignifying the alleged outrages 
with the name of insurrection. The democratic members 
of congress issued an address to the country, in which 
they rebuked the high-handed measures of the adminis¬ 
tration, appealed to the country against the extravagance 
and violence which characterized the course of the domi¬ 
nant party, and repudiated with scorn the charge that 
they and their constituencies sympathized with the cause 
of disloyalty and treason. The following passage in the 
address indicates its drift: “ No indignation can be too 
stern, and no scorn too severe for the assertions by un¬ 
scrupulous radical leaders that the great democratic and 
conservative party of the union has or can have sympathy 
with disorders or violence in any part of the country or in 
the deprivation of any man of his rights under the con¬ 
stitution.” 

Among the public measures more intimately associated 
with Gen. Grant’s immediate fathership during his first 
term was the project of the annexation of the eastern 
portion of the island of St. Domingo, known as Dominica. 
This was urged by the president, and commissioners were 
sent out to the island to investigate and report on its 
condition. President Baez, of Dominica, was one of the 
most ardent advocates of the project, habitually declar¬ 
ing the dependence of his authority on that of the United 
States in force, and that death or expulsion of himself and 
cabinet could only be averted by this annexation. By 
previous treaties a cession of territory, including the bay 


RECONSTRUCTION. 


491 


and peninsula of Samana had been made, in virtue of 
annual rent of $150,000 and protection from foreign in¬ 
terposition by the U nited States. In anticipation a naval 
force and a military representative had been sent to Do¬ 
minica. The instant that the Dominican project was set 
squarely on foot, a great number of grants and concessions 
were obtained of President Baez by influential parties, 
and it soon became shrewdly suspected that by way of 
grant or lien all the resources of the country would be 
under private control. The advocates of the scheme were 
known as the Dominican ring, and the opponents of the 
administration, including many distinguished members of 
the republican party, did not hesitate to stigmatize the 
project as a vast job, organized for the sake of private 
interests. It became evident that it was not safe as a 
party measure to press the matter immediately, and 
President Grant, in his message accompanying the report 
of the Dominican commissioners, recommended that no 
action should be taken during that session. Much odium, 
however, attached itself to the administration on account 
of the real or fancied elements of private speculation and 
jobbery in the scheme,-and it was used freely in the next 
presidential canvass by the opposition orators. Among 
the republicans who signalized themselves in the senate 
by their eloquent denunciation of the Dominican project 
were Senators Sumner, Schurz, and Trumbull. A meeting 
held in St. Louis early in 18T1 gave the first public and 
formidable expression of hostility to General Grant on 
the part of any respectable number of the republican 
party. This was followed by other meetings and a com¬ 
mittee appointed, consisting of prominent and able men, 
to prepare a report, advocating a republican reform move¬ 
ment. This was signed by 100 leading republicans.. They 
proposed reform within the lines of the party, and ad¬ 
vanced four distinct principles: general amnesty, civil 
service reform, specie payments, and a revenue tariff. This 
grew and swelled into such a power, that a call was 
issued for a national convention to be held at Cincinnati, 
May 1, 1872, in opposition to the renomination of Gen. 
Grant, for the latter had already become a fixed fact in 
the programme of the straight republican party. 

Early in 1872 the commencement of the sessions of the 


492 


CITIZEN’S MANUAL. 


tribunal for the settlement of the Alabama claims took 
place at Geneva in Switzerland as provided for in the 
treaty between the United States and Great Britain. 
The arbitrators consisted of Charles Francis Adams, of the 
United States; Rt. Hon. Sir Alexander Cockburn, Lord 
Chief Justice of Great Britain; Count Sclopis, of Italy; 
M. Jacques Stampfli, of Switzerland; and Baron d’ltajuba, 
of Brazil. Mr. Bancroft Davis acted as the counsel of 
the United States, assisted by Hon. W. M. Evarts and 
Hon. Caleb Cushing; and Baron Tenterden presented the 
case of Great Britain. After a protracted session and 
very able arguments by the agents of the respective gov¬ 
ernments, an award of $15,500,000 in gold was made to 
the United States. 

The preparations for the new presidential election had 
commenced during the preceding year. Many complex 
interests had sprung up and shaped themselves in con¬ 
ventions, but these finally crystallized themselves around 
the main parties. The first national convention was held 
at Cincinnati, May 1st, in the interest of the liberal re¬ 
publicans. It resulted after six ballots in the nomination 
of Horace Greeley, of New York, as president, of B. Gratz 
Brown, of St. Louis, as vice-president. The regular re¬ 
publican convention held at Philadelphia, June. 5th, re¬ 
sulted in the renomination of Gen. Grant, as president, 
and Hon. Henry Wilson, of Massachusetts, as vice-pres¬ 
ident. The democratic convention held at Baltimore, 
July.9th, nominated Horace Greeley, and B. Gratz Brown, 
and with these also reaffirmed the platform of the liberal 
republican convention. A convention shortly afterward 
held at Louisville nominated Charles O’Conor, of New 
York, and John Quincy Adams, of Massachusetts, but 
this nomination had so little influence in the canvass as 
hardly to be worthy of more than passing notice. The 
election resulted in the election of Grant and Wilson, 
Grant’s majority over Greeley amounting to 762,991 votes. 

Congress on May 22, 1872, removed all political dis¬ 
abilities, opposed by the third section of the fourteenth 
amendment to the constitution, from all persons .what¬ 
soever, except senators and representatives of the thirty- 
sixth and thirty-seventh congresses, ofl^cers of the judicial, 
naval and military services of the United States, heads of 


RECONSTRUCTION. 


493 


departments, and foreign ministers. The passage of this 
act disposed of a great number of cases pending before 
the supreme court. It also relieved not less than 150,000 
persons of capacity and experience. 

On the same day that Grant and Wilson were inaugu¬ 
rated, congress passed an act doubling the presidential 
salary, also increasing the salaries of other high officers, 
and of congress. The disturbances in some of the south¬ 
ern states, arising from alleged unlawful acts of secret 
organizations, ceased entirely during 1873. This was 
probably largely owing to the lenient course pursued by 
the' government and the new policy of conciliation. The 
prosecutions pending in the courts were discontinued, and 
the results almost justified the belief on the part of many 
of the most intelligent people of the country, that Ku- 
kluxism was a political bugbear, organized largely for 
party purposes. But while disturbances, as fomented by 
organized and secret bodies, ceased to excite public alarm, 
the state of affairs in Alabama, Arkansas, South Carolina 
and Louisiana was such as to make them very unsettled 
during a portion of the year. -Troops were ordered to 
different points, and various persons charged with acts of 
violence arrested. The principal disturbances were in 
Louisiana, and grew out of the electoral contest for con¬ 
gress, the state legislature, and state treasurer. 

In the conflict growing out of the rival claims of the 
two parties to the election of their candidates, the city of 
New Orleans became an armed camp. Two governors 
and two legislatures asserted their legal rights, and Lou¬ 
isiana seemed on the brink of a revolution. Our limits 
are too short to enter into any full analysis or even sketch 
of the complex and confused elements involved in the 
Louisiana contest of 1874. It is sufficient to say that the 
tacit and to some extent the active support of Grant and 
the administration was given to Governor Kellogg and 
his legislature. Gen. Sheridan was sent south on a tour 
of inspection, with instructions to assume active com¬ 
mand at New Orleans, if he deemed fit, large discretionary 
power having been given him. Sheridan took command 
and sent a number of emphatic statements and reports to 
Washington regarding the imbroglio, which stirred up 
great indignation among the democrats and liberal re- 


494 


CITIZEN’S MANUAL. 


publicans throughout the country. The president was 
widely denounced for the part taken by the military in 
Louisiana, and there was a strong expression of condem¬ 
nation against the alleged interference with the organi¬ 
zation of a state legislature. Numerous meetings were 
held in northern cities, and in some cases special messages 
were sent to the legislatures by the governors, and de¬ 
nunciatory resolutions adopted by the former. 

On the reassembling of congress, the matter was taken 
up and all the voluminous reports from both sides care¬ 
fully considered. The debate over the Louisiana trouble 
was very sharp and vigorous, and resulted in the appoint¬ 
ment of a special congressional committee to proceed to 
Louisiana and investigate the condition of affairs for the 
further enlightenment of congress. While the statements 
contained in it were considered by a large majority of the 
country as conclusive, many of the senators under the 
lead of Morton, of Indiana, criticised it sharply. He 
claimed that the opportunities of the committee to in¬ 
vestigate had been too limited for them to know the real 
truth; that the committee’s report that the white league 
was a peaceful organization and was innocent of intimi¬ 
dation of the republican voters was not justified; that all 
the facts showed an armed conspiracy to overturn the 
legal government of the state; and that 20,000 fighting 
men were then enrolled and armed to meet the call of 
the McEnery state government. The influence of Morton 
and his republican adherents sufficed to secure the ap¬ 
pointment of a new committee of examination, compris¬ 
ing representatives Hoar, Frye and Wheeler. This com¬ 
mittee made a different report from their predecessors, 
justifying the whole action of the Kellogg government, 
and endorsing it as that entitled to support and recogni¬ 
tion by congress. In consequence of this report both 
branches of congress recognized the Kellogg government 
not only as de facto but dejure . Concessions were how¬ 
ever so far made to the McEnery candidates, that twelve 
conservatives, whose claims as members of the legislature 
had been rejected by the returning board, were voted in 
at the extra session called by Kellogg, and a conservative 
elected speaker of the house. 

In general the political excitement during the year 1875 


RECONSTRUCTION. 


495 


was comparatively little. It was the lull before the great 
presidential contest again to occur the following season. 
There were many who agitated either pro or con the 
claims of a third term for Gen. Grant, and it was widely 
believed that he was anxious for the compliment at least 
of a second renomination. Grant, however, in a letter to 
Gen. White, of Philadelphia, expressed himself with con¬ 
siderable distinctness on the subject of a third term. In 
this, after recapitulating the reasons which had made him 
accept his first and second nominations, and emphasizing 
the fact that he had made a sacrifice in leaving the more 
congenial as well as permanent office of general of the 
army, he said that he would not accept another nomina¬ 
tion, except he were tendered it by a unanimous wish of 
the republican delegation, and only then if the circum¬ 
stances of the country seemed peculiarly to require it. 
This somewhat ambiguous though emphatic statement 
was regarded by many of the friends of the president as 
a diplomatic feeler. But if so, it failed to elicit any satis¬ 
factory response from the republican politicians and public 
organs. Several events in the last year of Grant’s second 
term, in which the president, though charged with grave 
offense by his opponents, was probably nothing more than 
unfortunate, occurred to pile fresh odium on the head of 
the outgoing executive. Among these were the whiskey 
frauds in the west, in which Gen. Babcock and several of 
the intimate political and personal friends of the president 
were implicated; and the malversation of office on the 
part of the secretary of war, Gen. Belknap, in regard to 
the sale of post traderships. The president’s loyalty to the 
duties of private friendship was believed by many to have 
interfered seriously with his discharge of public duty, in 
the exercise of the powerful influence of his place in 
shielding the offenders from the full weight of the law. 
Secretary Belknap was impeached by the house- of repre¬ 
sentatives and tried before the senate, but the punishment 
was limited to the declaration of his inability ever again 
to hold public office in the United States.. 

One of the most prominent and interesting measures in 
congress during the year 1875 was the legislation looking 
to the encouragement and support of the centennial ex¬ 
hibition at Philadelphia. A large,appropriation was made 


496 


CITIZEN’S MANUAL. 


by congress to forward the great enterprise, and both par¬ 
ties, as a general thing, vied with each other in pushing 
the matter to a satisfactory conclusion. The opening of 
the exhibition in 1876 made it evident that the enthusiasm 
of the projectors had not been misplaced, as it was unques¬ 
tionably in its general features the most interesting of 
the world’s fairs. 

The agitation over the campaign of 1876 had com¬ 
menced in the preceding year. And early in 1876 it 
became evident that the struggle was likely to be one of 
remarkable closeness, and the victory severely contested, 
■whoever might be the winner. Some of the leading col¬ 
ored men of the south, in a convention held at Nashville, 
advocated the breaking down of the color-line, and a de¬ 
fection from the hitherto undeviating race-loyalty to 
republican doctrines as perhaps a proper policy to pursue 
in certain contingencies. Many of the most respected 
and able representatives of the Republican party, too, 
expressed profound dissatisfaction with the course taken 
by the administration wing of their party. 

A conference held at the Fifth Avenue Hotel, N. Y., 
consisting of such men as ex-president Woolsey of Yale 
College, Carl Schurz, William C. Bryant, Horace White, 
Parke Godwin, T. W. Higginson, etc., gave voice to their 
dissatisfaction in a series of ringing resolutions, and an 
address to the American people, full of solemn warning 
and political wisdom. This, however, did not commit 
the signers to the support of any distinct platform or 
candidate. 

The first national convention held at Cleveland, under 
the standard of prohibition reform, on May 17, nominated 
Gen. Green Clay Smith of Kentucky and G. T. Stewart of 
Ohio as candidates for president and vice-president. The 
national greenback convention, constituted of the repre¬ 
sentatives of the party believing in further inflation of 
the currency as the panacea for the business evils of the 
country, met at Indianapolis on May 17th and nominated 
the venerable Peter Cooper of New York and Samuel F. 
Carey of Ohio as candidates. These, however, were 
little wavelets on the brink of the central whirlpool of 
political agitation. The contest narrowed itself into a 
fight not so much between the republicans and democrats, 


RECONSTRUCTION. 


497 


as between the adherents and the enemies of the admin¬ 
istration. The republican convention was organized at 
Cincinnati on June 14th, and on the seventh ballot 
Rutherford B. Hayes of Ohio was elected the presi¬ 
dential candidate. William A. Wheeler of New York 
was placed second on the ticket. 

The democratic, or opposition convention w : as held at 
St. Louis on June 28. The nomination of Samuel J. Til- 
den of New York was made unanimous at the end of the 
first ballot, and was followed by that of Thomas A. Hen¬ 
dricks of Indiana for vice-president. Steps were taken 
early in the campaign for the prevention of disturbances 
in the south by a proper distribution of troops, and rigid 
instructions were issued to the TJ. S. marshals in all the 
southern districts. The election took place on Nov. 7th, 
and the results by the returning-board counts gave Til- 
den a popular majority of 157,394 votes. The votes of 
Florida, Louisiana, and South Carolina were disputed by 
the friends of both candidates. The constitution of the 
United States makes it the duty of congress to canvass 
the electoral votes and to declare the name of the person 
elected. As it soon became evident that it would be im¬ 
possible for the two houses to agree on any decision, an 
arrangement was made under the legislation of congress 
for the reference of the disputed question to an electoral 
commission of five senators, five representatives, and five 
justices of the supreme court. The result of the decision 
was that Hayes received 185 electoral votes against 184 
for Tilden. 

This brings our sketch of American politics down 
to the present time, or at least so far as to make a refer¬ 
ence to more recent events unnecessary. 



PRACTICAL OBSERVATIONS. 


499 


PRACTICAL OBSERVATIONS. 


There is an opinion that parties are evils upon the body 
politic. The more popular sentiment, however, is, “ that 
parties in free countries are useful checks upon the ad¬ 
ministration of the government, and serve to keep alive 
the spirit of liberty.” To whatever weight these opinions 
may be entitled, we think it may be affirmed of parties 
that they are unavoidable—that they exist of necessity ; 
and that their good or bad influence depends upon their 
proper use or their abuse. Unanimity of sentiment is not 
to be expected in a political community where freedom of 
thought and of speech are fully enjoyed; and a division of 
its members into. parties, is both natural, inevitable, and 
proper. Some believe a certain measure or series of meas¬ 
ures to be most conducive to the general welfare ; others 
think the end more likely to be attained by measures of a 
different character. Entertaining these different opinions, 
each party engages in appropriate efforts to secure the 
success of its favorite policy. And while the contending 
parties keep steadily in view the true object of all party 
organizations—the public good—no great evils are to be 
apprehended. For, though majorities, acting with due 
care and deliberation, sometimes misjudge as to the effects 
of their measures, their mistakes are not necessarily pro¬ 
ductive of lasting injury, as a change of policy may be 
speedily effected. 

But serious evils do often result from the acts of political 
parties. The existence of parties is, however, the occasion 
rather than the cause of these evils. It is by the perversion 
of parties—by diverting them from their original and legit¬ 
imate purpose—that the evil is produced. Parties are 
often controlled by corrupt ahd aspiring men with a view 
to their own aggrandizement. This is sometimes done by 
maligning their opponents and disparaging their measures. 
The wisest policy is not unfrequently assailed by sophisti¬ 
cal and ingenious arguments ; and different measures are 


500 


CITIZEN’S MANUAL. 

proposed promising benefits which their projectors know 
full well can never be realized. The people become dis¬ 
satisfied. These crafty men fan this dissatisfaction into a 
flame, and turn the excitement to the success of their party 
and their own elevation. Thus stimulated by irregular 
passion, and misled by artful misrepresentation, the people 
sometimes call for measures which afterward they lament 
and condemn ; or they are deceived into acquiescence in 
these measures by the misrepresentations of these same 
men as to the real cause of the evils complained of. 

It is a lamentable fact, that men of this description 
control, to a great extent, the legislation of this country. 
This is done in two ways : First, by outside influence. 
Our state and national legislatures are at every session 
beleagured by large numbers of men who have private 
ends to be answered. Representatives wanting firmness 
are fatigued into compliance. The integrity of others is 
assailed, and in too many cases yields to the considera¬ 
tions offered, as has been abundantly proved by late 
investigations. Secondly, by a direct participation in the 
enactment of laws. These men wield the machinery of 
party to lift themselves into power, and take the business 
of making the laws into their own hands. We would by 
no means be understood to accuse majorities in our legis¬ 
lative bodies of corrupt legislation. The most mischiev¬ 
ous enactments are sometimes effected by the subtlety of 
a few designing men. 

The means by which this latter class of men reach their 
position is well known. The mass of our citizens are cul¬ 
pably indifferent respecting public affairs. They allow the 
slightest considerations to interfere with the discharge of 
their political duties. A majority of them, it is true, cast 
their suffrages at the elections ; but they leave the pri¬ 
mary meetings and the conventions to be controlled by the 
few for the especial benefit of themselves and their friends. 
This general apathy affords a powerful encouragement to 
office-seeking, which has become alarmingly prevalent in 
this country. How few men most eminent for their talents 
and private worth are elected to the most honorable and 
responsible offices ! Thousands who would never be called 
from private life, taking advantage of this prevailing in¬ 
difference, find it an easy matter to secure nominations, 


PRACTICAL OBSERVATIONS. 


501 


which seldom fail of a unanimous ratification of the party 
at the polls. Allegiance to party is held by some a para¬ 
mount duty. Others, afraid of the party displeasure, 
vote*for the “regular ticket” against their better judg¬ 
ment. As mistakes made at the primary meetings and 
nominating conventions are so seldom corrected at the 
ballot-box, how important that these meetings which give 
character to the nominations, and, by consequence, to the 
public administration, should be participated in by the 
mass of the electors ! 

We notice a popular error in respect to parties. It is 
supposed that a party, if its principles are correct, must 
needs be, or ought to be, perpetual. But parties are formed 
for the promotion of definite objects. When these objects 
have been accomplished, why should these hostile organ¬ 
izations be continued? New questions arise, upon which 
the people naturally divide anew, according to their 
opinions upon these particular questions. But cases are 
not rare in which parties have maintained the same divi¬ 
sion upon new questions bearing not the remotest relation 
or the least similarity to those which had been effectually 
disposed of. It is therefore to be presumed, that either a 
large portion of the members of each party surrendered 
their independence of opinion, or all happened to form the 
same conclusions. Strange that in politics alone there 
should occur such remarkable coincidences of opinion ! 
Hence we see how this unnatural continuance of party 
organizations after their original purposes have been sub¬ 
served, tends to destroy that political independence with¬ 
out which the elective franchise is of no value. 

Nor is it less erroneous to suppose that political con¬ 
sistency requires the indiscriminate support of all party 
measures, or an undeviating adherence, under all circum¬ 
stances, to the same political organization. Parties some¬ 
times, from motives of expediency, change their position 
on public questions. He that follows his parfy in such 
cases, justly incurs the charge of inconsistency. Or a 
man may, "for satisfactory reasons, change his political 
opinions. A continued adherence to the party in that 
case argues a want of honesty. 

Parties are often diverted from their legitimate purposes 
by the pernicious influence of party spirit. By party 


502 


CITIZEN’S MANUAL. 


spirit is not meant simply a desire, however strong, for the 
success of one’s party. It is a disposition to support a party 
for the sake of the party, and manifests a deeper solicitude 
for the triumph of party than for principle or the ^public 
good. There are many who seem to imagine, that the 
overthrow or disorganization of their party would he a 
public calamity-second only to the loss of liberty itself. 
This overestimate of the value of party gives demagogues 
great power over the public mind. Appeals to party pre¬ 
judice are seldom unavailing. Let it but be intimated 
that the party is in danger, and its devotees hasten to its 
defense with intense enthusiasm. Party spirit indisposes 
the mind to investigation, closes it against the clearest 
evidence, and thus fortifies it against conviction. A man 
under the dominion of this passion is beyond the reach of 
reason and argument. He shrinks from a candid exami¬ 
nation of his own opinions, lest he should find something 
to shake or unsettle them. He maintains an obstinate ad¬ 
herence to his crude notions, and prides himself in his fan¬ 
cied political firmness. To him, party is all in all ; and 
believing in the infallibility of its leaders, they find him a 
fit instrument to subserve their ambitious purposes. 

The baneful effects of the spirit of party are seen in every 
department of the government. In our legislatures, state 
and national, measures are not unfrequently supported and 
opposed simply from their supposed effect upon parties. 
When party and the public interest come into conflict, the 
claims of the latter are made to yield. In the executive 
department, the influence of this spirit is most clearly seen 
in the exercise of the appointing power. Patronage is 
often bestowed solely as a reward for party services. 
Fidelity to party is made an indispensable qualification for 
office, while tried integrity, distinguished abilities, and 
acknowledged statesmanship, are among the minor recom¬ 
mendations to executive favor. 

Nor have our judicial tribunals wholly escaped this con¬ 
taminating influence. Charges of judicial obliquity should 
not be made upon slight grounds. The decisions of our 
courts are entitled to respectful consideration. They are 
nevertheless proper subjects of criticism, and sometimes 
of public censure. Our judicial records furnish numerous 
iustances in which benches have been divided in their de- 


PRACTICAL OBSERVATIONS. 


503 


cisions in strict accordance with their division in politics. 
There is in this no certain evidence of judicial corruption; 
yet when six, or eight, or more members of a court divide 
upon questions of law exactly as they are divided in poli¬ 
tics, there is reason to suspect that their judgments 
are swayed—insensibly perhaps—by the malign spirit of 
party. 

With singular accuracy does the Father of his country, 
in his Farewell Address, describe the effects of party 
spirit. He had encountered it in his own administration, 
and he felt the necessity of cautioning his countrymen 
against this “ worst enemy of popular governments.” 

The conduct of the political press, too, is more or less 
affected by this spirit. This remark is not intended for 
general application. The press has been not inappropri¬ 
ately styled “the palladium of liberty.” It has contributed 
too largely to our national prosperity and fame to be 
lightly esteemed or traduced. It will not however be 
disputed, that in many instances it is wanting in inde¬ 
pendence, and aims at no higher object than the interests 
of party, or perhaps of a few designing men who control 
it for their own individual benefit. Such presses aggra¬ 
vate the evils of party spirit by inflaming the passions of 
men, and engendering and keeping alive party ani¬ 
mosities. Political questions they seldom discuss with 
candor. Facts, the knowledge of which is indispensable 
to the formation of right opinions, are often studiously 
concealed, and the views of political opponents misrepre¬ 
sented. 

Party spirit is intolerant and vindictive. It proscribes 
men for expressing their honest opinions. It exacts an 
unfaltering devotion to party as a condition upon which 
official favors are granted. A man who presumes to dis¬ 
sent from his party upon a single point, loses his party 
standing, and with it his office, if he has one, as soon as 
the appointing power or a popular election can displace 
him. This tends to destroy political independence, and 
encourages political dishonesty. When the frank avowal 
of a man’s sentiments exposes him to the loss of office, or 
when entire assent to a party creed is made prerequisite 
to office, there is a strong temptation to depart from the 
principles of political rectitude. In other words, when a 


504 


CITIZEN’S MANUAL. 


man’s bread depends upon his political opinions, honesty 
in politics will not always be considered the best policy. 
This reward and punishment system, though sanctioned 
by the practice of all modern parties, is liable to sound 
objections. Changes of political sentiment and of party 
relations often take place, which cannot reasonably be 
ascribed to any other motive than that above suggested. 

We have noticed some of the evils incident to political 
parties, and which have found their way into the govern¬ 
ment itself. These evils, we think, may be justly traced 
to one grand cause; which cause, and the remedy, it is pro¬ 
posed now to consider. That cause is found in a defective 
popular education, the bare mention of which suggests 
the true remedy; namely, the education of American 

CITIZENS WITH SPECIAL REFERENCE TO THE GREAT BUS¬ 
INESS OF SELF-GOVERNMENT. 

Notwithstanding the comparative general intelligence 
of the people of the United States, it must be confessed 
that the greater portion of them are greatly deficient in 
political knowledge. They have not been duly instructed 
in their duties and responsibilities as citizens of a free 
government. The unhappy consequences of this defect in 
their education can not have escaped the notice of any 
person of ordinary observation. That our country has 
been prosperous beyond all precedent, is readily admitted. 
Fortunately we live under a government admirably adapted 
to promote the well-being of its citizens, and any toler¬ 
able administration of it, according to established forms, 
must insure a good degree of prosperity. But, successful 
as our free institutions have proved, they are doubtless 
capable of conferring a far greater amount of happiness 
than has yet fallen to the lot of the American people. 

Although our national prosperity has, on the whole, 
been great and rapid, it has experienced frequent inter¬ 
ruptions and reverses, some of them for considerable 
periods of time. If those entrusted with the public admin¬ 
istration had that knowledge of political economy which 
ought to be possessed by all who aspire to responsible 
stations in the government, and which may under ordinary 
circumstances be attained, it is believed these interruptions 
would rarely if ever occur. But to secure this result, the 
people themselves must be better instructed in political 


PRACTICAL OBSERVATIONS. 


505 

science. Although it is not to^be presumed that the mass 
of the electors will ever be, or'can become, profound po¬ 
litical economists, they may acquire such knowledge of 
the general principles of the science, and of the operation 
and effect of the laws relating to the various interests of 
the country, as would enable them effectually to guard 
against or correct the mistakes of their representatives. 
This knowledge need not be confined to the few who have 
the most leisure to devote to its acquisition. Every man 
possessing ordinary skill in the management of his pri¬ 
vate affairs, may gain a knowledge of public economy suf¬ 
ficient not only to qualify him for the intelligent discharge 
of the duties of an elector, but to give him an honorable 
standing in the national or state councils. 

The general diffusion of a knowledge of political science 
would more fully develop the democratic principle in our 
government. The fundamental principle of true democ¬ 
racy is political equality. The constitution recognizes no 
distinction of class. It confers no special privileges. It 
places all classes on a level at the ballot-box. But to 
render their power equally effective, all must exercise it 
with equal discretion. 

A wider dissemination of political knowledge would 
secure to the laboring classes, so called, a more efficient 
representation in the state and national councils. They 
have not hitherto had that measure of influence in the gov¬ 
ernment to which their numbers entitle them, or which 
their interests demand. Of the higher offices, the pro¬ 
fessional classes have enjoyed almost a monopoly. This 
is in a measure the result of necessity. A vastly smaller 
proportion of the former than of the latter have fitted them¬ 
selves for the more responsible offices. Even where, as in 
the lower branch of our state legislatures, they are more 
nearly represented in proportion to their numbers, owing 
to their more limited knowledge of public affairs, they have 
not a corresponding influence. Constituting, as they do, 
the great majority of the electors, they may elect repre¬ 
sentatives from among themselves at pleasure ; but the 
election of any number of their own class destitute of the 
requisite qualifications, would redound neither to their 
own honor or advantage, nor to that of the state at large. 
Too much importance may be attached to the proportional 


506 


CITIZEN’S MANUAL. 


representation of the different classes. Yet an increase of 
representation from the agricultural and mechanical classes 
of the community would be manifestly proper, and more in 
accordance with the spirit of our republican institutions. 

A thorough knowledge of our constitutional jurispru¬ 
dence would constitute an effectual safeguard against the 
encroachments of power. Power is ever liable to abuse. To 
restrain its exercise is the object of a constitution. But 
men having favorite ends to accomplish, may be induced 
to exceed their constitutional powers, and to attempt a 
justification of their unauthorized acts by forced or false 
constructions of the constitution. Hence, if the people 
would protect their rights and liberties against usurpation, 
they must be capable of interpreting the constitution for 
themselves. Yet it is doubted whether one-fourth of the 
electors are familiar with its provisions. A large portion 
of them have never given it a single careful perusal; and 
thousands in almost every state of this union, are unable 
to read or understand it. Can constitutional liberty be 
safe in such hands ? How can men, with qualifications so 
limited, reconcile it with a sense of justice, to take an equal 
share, with their more intelligent fellow-citizens, in the 
management of the important affairs of this great govern¬ 
ment? The exercise of political power by such men is 
more likely to become the means of impairing or subvert¬ 
ing our liberties than of protecting them. 

The universal diffusion of sound political information 
would restrain and moderate the spirit of party. This spirit 
finds its principal aliment in ignorance. None are so much 
under its control as the uninformed. Their blind party 
zeal just fits them to become the dupes and tools of de¬ 
signing politicians. Unable to distinguish between right 
and wrong in politics, they are more likely to take the 
wrong than the right side. The doctrine imputed to a 
certain class of religionists, that “ ignorance is the mother 
of devotion,” finds a perfect illustration in the conduct of 
these devotees of party. The intelligent politician, on the 
other hand, can not be drawn into the interests of dema¬ 
gogues. He detects all departures from the true objects 
and principles of his party. Aiming at the success of 
principle, he supports party only as a means to that end ; 
and when his party abandons its proper objects or violates 
its principles, he withdraws his support. 


•PRACTICAL OBSERVATIONS. 


507 


A familiar knowledge of the government would inspire 
the public with a more elevated and healthf ul patr iotism. 
There is a spurious patriotism which consists mainly in a 
pride of one’s country, and makes little sacrifice for any 
higher object than the good of party. Genuine patriotism 
embraces among the objects of its highest regard the 
integrity of our free institutions as the means of promoting 
the general welfare. But how can these be appreciated 
if they are not understood ? Hence, true patriotism is 
intelligent. It is also jealous of the nation’s honor. It 
would regard as a most serious calamity any act of the 
government which should subject it to the reproach of civ¬ 
ilized and Christian nations. It is also disinterested. It 
leads men to make all needful sacrifices for the public 
good. Nor is its benevolence limited to the present gene¬ 
ration, but extends to the latest posterity. It is needless 
to say that such patriotism is to be found among those 
/ whose knowledge of our constitution enables them to dis¬ 
cover its remarkable adaptation to the grand purpose of 
its formation—to preserve and transmit the blessings of 
civil and religious freedom. 

This knowledge would also promote the purity of our 
elections. The ignorant elector cannot duly appreciate his 
franchise. Hence, thousands annually cast their votes at 
the solicitation or for the gratification of personal friends, 
or at the dictation of party leaders, without any apparent 
concern as to their effect upon the public interest. Many 
become the victims of deception and fraud ; others hold 
their votes as a merchantable commodity, the subject of 
bargain and sale. To those unacquainted with modern 
party tactics, the number of votes annually purchased at 
stipulated prices, it it could be accurately told, would seem 
incredible. Nor is this sale of votes confined to the poor 
whose virtue often yields to pressing necessity. Many 
who are beyond the reach of want are in the market with 
their votes, which are at the disposal of the most liberal 
purchaser ! The vendors, unable to trace their votes to 
their consequences, and therefore ignorant of their value, 
consider the paltry sum received for them as so much 
clear gain ; whereas their votes, with others controlled 
in the different ways above mentioned, sometimes deter¬ 
mine measures of policy which inflict upon the country a 


508 


CITIZEN’S MANUAL. 


deep and lasting injury, in which these men are themselves 
sharers to an amount ten times greater than the value re¬ 
ceived for their votes. 

How sad the reflection—how humiliating to the pride of 
every true American—that the honor as well as the in¬ 
terests of the nation should suffer from the character of 
our elections—elections in which the will of the honest, 
enlightened portion of our citizens is defeated by the votes 
of the ignorant and the vicious ! But let not all our cen¬ 
sure fall upon the latter. The mass of the electors are 
neither corrupt nor corruptible. They desire, so far as 
they feel any concern in the matter, to see the government 
well administered. But they are criminally indifferent. 
Some of them are too neglectful of the means of informa¬ 
tion to vote intelligently, and seem to regard voting 
mainly as an act of service due to party. Others, better in¬ 
formed, neglect their duty altogether. The rabble rally at 
the faintest signal, whilst large numbers of the more intelli¬ 
gent and conscientious electors cannot be brought to the 
polls by the most urgent solicitations, or the strongest ap¬ 
peals to their sense of duty. By this omission of an in¬ 
cumbent duty, they virtually place the reins of govern¬ 
ment in the hands of those least qualified to conduct its 
affairs ; and not a few make a merit of this neglect, claim¬ 
ing for it the credit of self-denial. The moral and virtuous 
constitute a large majority of the electors of the United 
States, and they might, by a union of effort, purify our 
elections, and make them what they purport—the fair ex¬ 
pression of the will of a nation of intelligent freemen. 

But the most thorough political education will never 
effect the desired reform, unless sanctioned by moral and 
religious principle. Let the public mind be duly imbued 
with a proper sense of religious obligation, and a palpa¬ 
ble improvement of our political and social condition 
would speedily ensue. The right of suffrage would be 
more conscientiously exercised. A greater number of 
good men would be elected. More good laws and fewer 
bad ones would be made ; and the laws would be more 
faithfully executed. Justice would be administered with 
a more steady hand. Vice and crime would be more effec¬ 
tually restrained. The rights and interests of the com¬ 
munity would be more safely guarded, and the great end 


PRACTICAL OBSERVATIONS. 


509 


of civil government—the highest happiness of the people 
—would be attained. 

The conservative influence of religious principle in a 
body politic is not an idea of recent origin. It appears to 
have been a cherished doctrine of the fathers of the repub¬ 
lic. Said Washington : 

“ Of all the dispositions and habits which lead to politi 
cal prosperity, religion and morality are indispensable sup¬ 
ports. In vain would that man claim the tribute of patri¬ 
otism, who should labor to subvert these great pillars of 
human happiness—these firmest props of the duties of 
men and citizens. The mere politician, equally with the 
pious man, ought to respect and cherish them. A volume 
could not trace all their connection with private and pub¬ 
lic felicity. Let it be simply asked, where is the security 
for property, for reputation, for life, if the sense of relig¬ 
ious obligation desert the oaths which are the instruments 
of investigation in courts of justice ? And let us with cau¬ 
tion indulge the supposition, that morality can be main¬ 
tained without religion. Whatever may be conceded to 
the influence of refined education on minds of peculiar 
structure, reason and experience both forbid us to expect 
that national morality can prevail in exclusion of relig¬ 
ious principle. 

It is substantially true, that virtue or morality is a 
necessary spring of popular government. The rule indeed 
extends with more or less force to every species of free 
government. Who that is a friend to it can look with 
indifference upon attempts to shake the foundation of the 
fabric ? ” 

In nothing ever done or written by this wise and good 
man, are his wisdom and patriotism more conspicuous 
than in the sentiments here quoted. These sentiments, 
however, are of still earlier antiquity, as well as of higher 
authority. They are briefly expressed in the following 
words : “ Righteousness exalteth a nation ; but sin is a 
reproach to any people.” “ When the righteous are in 
authority, the people rejoice ; but when the wicked bear 
rule, the people mourn.” 

But Washington was not the only one of the political 
fathers who felt the necessity of guarding the public mor¬ 
als. The same high moral sense was manifested by the 


510 


CITIZEN’S MANUAL. 


patriot legislators in the days of the revolution. In the 
journals of congress, under date of October 12, 1778, we 
find the following : 

44 Whereas true religion and good morals are the only 
solid foundations of public liberty : Resolved , That it be, 
and hereby is, earnestly recommended to the several states 
to take the most effectual measures for the encouragement 
thereof, and for the suppressing of theatrical entertain¬ 
ments, horse-racing, gaming, and such other diversions as 
are productive of idleness, dissipation, and a general de¬ 
pravity of manners.” 

Four days later, they adopted, for their own rule of 
action, the following : 

44 Whereas frequenting play-houses and theatrical enter¬ 
tainments has a fatal tendency to divert the mind of the 
people from a due attention to the means necessary for the 
defense of their country and the preservation of their lib¬ 
erties : Resolved , That any person holding an office under 
the United States, who shall promote or encourage such 
plays shall be deemed unworthy to hold such office, and 
shall be accordingly dismissed.” 

If legislative assemblies represent as correctly the mor¬ 
als as the political opinions of their constituents, we may 
not congratulate ourselves on the improvement of the 
standard of national morality since the time of the revo¬ 
lutionary fathers. There has been an increase of the 
means of moral and religious improvement ; but there has 
also been an increase of counteracting causes. The in¬ 
crease of wealth and of the means of indulgence, has been 
productive of idleness, dissipation and vice, especially 
among the dense population of our cities and large vil¬ 
lages, where these habits are more readily contracted. It 
is doubted whether the passage of resolutions similar to 
those of the old congress could be effected in legislative 
bodies in these later days of the republic ; or, if they 
could, whether they would be sustained by public senti¬ 
ment. Every man who attends a theatre may not be un¬ 
worthy official trust ; yet the rule of 1778 would, it is 
believed, operate injuriously in far fewer instances than 
the lax rule of the present day which makes the habitual 
patronage of theatrical and other kindred institutions no 
disqualification. 


PRACTICAL OBSERVATIONS. 


511 


But whether there has been an advance or decline in 
the public morality, is a question of minor importance. It 
is sufficient to know and to act upon the truth already 
known and acknowledged, that popular liberty can be 
safe only as virtue and religion are duly appreciated and 
cherished. The present state of public morals calls loudly 
for reformatory effort. And may we not indulge the 
hope that this call will receive a cordial response from 
every Christian patriot ? 

No class of persons occupy a more influential or a more 
responsible position than parents. Good government can 
be maintained only where there are good citizens and loyal 
subjects. Their training begins, and that of many ends, 
in the family. Here the character is mainly formed ; and 
it will generally be good or bad as parents are faithful or 
remiss in discipline. In family education, the first lesson 
to be taught is obedience. If the child is taught submis¬ 
sion to parental authority, it is to be presumed that the 
man will respect the constituted authorities and laws of 
the land. But in how many families is the natural order 
of government reversed ! By a too ready compliance 
with the wishes of children, they gradually acquire con¬ 
trol over their parents, and virtually give laws to the 
household. The effect of this upon the character of the 
children is easily imagined. Obedience is indispensable 
to the successful training of youth. Where the spirit of 
obedience has obtained possession of the mind of a child, 
the work of moral culture becomes comparatively easy. 

But the dut^of parents does not end here. The child is 
to be prepared, not only to become an orderly citizen and 
obedient subject, but to take an active part in the govern¬ 
ment ; and every father is bound to see that his sons have 
the means of acquiring a good political education ; and he 
can not innocently turn them upon the community unpre¬ 
pared to discharge their political duties. 

Scarcely less responsible is the position of public teachers. 
The aid of the schools is needed in this educational reform. 
The great body of the people will never be duly qualified 
for their duties as citizens, until the study of political sci¬ 
ence shall have become incorporated into the course of in¬ 
struction. Probably nine-tenths of our citizens receive 
the whole of their public instruction in the common schools. 
19 


512 


CITIZEN’S MANUAL 


These must continue to be the nurseries of American 
statesmen. Many of our future legislators, governors, and 
judges, are nowin the course of training in these institu¬ 
tions. This consideration adds much to the importance 
and dignity of the teacher’s profession. The instructors 
of our youth are acting an important part in shaping 
Ue destiny of the nation ; and their labors and responsi¬ 
bility are increased by the delinquency of parents in the 
training of their children. How this should impress them 
with a sense of the magnitude of their trust ! The state 
provides for the education of its citizens, with a view to 
its own safety and prosperity, and all who assume the 
office of public teacher should be well qualified to serve 
the state in this capacity. Has the requisite measure of 
qualification been attained by any considerable portion of 
the profession ? Of all the sciences, which is of greater 
practical utility to an American citizen than the science 
of civil government ? And yet there are few of which the 
people generally, or the teachers themselves, have so little 
knowledge. The question is candidly submitted, whether 
the honor of the profession and the interest of the state do 
not equally demand greater attention to this subject than 
it has hitherto received ; and whether it should not be at 
once placed on the list of studies in all our public schools. 

Among the causes that have retarded the introduction 
of this study into the schools, are the erroneous ideas that 
the subject of government is too abstruse and difficult for 
youth, and that the branches taught are already eo nu 
meFOus as not to leave room for any new one. The truth 
is, however, as experience has proved, that the elementary 
principles of political science in general, and the nature 
and structure of our government in particular, are more 
easily comprehended than some of those sciences which 
have hitherto crowded it out of the schools ; and being 
more practically useful, there is no good reason why it 
should not be admitted even to the exclusion of others 
Such exclusion, however, is believed to be unnecessary. 
And the question is submitted to the superintendents of 
public instruction and others to whom the educational in¬ 
terests of the states are intrusted, whether the value 01 
their public services would not be enhanced by proper 
efforts to give this study a place in the course of ins trio 
tion. 


PRACTICAL OBSERVATIONS 


513 


In conclusion, may we not appeal with confidence to the 
pride and patriotism of that class of our citizens for whom 
this work is more particularly designed—the young men who 
have completed their school education, and are about to en¬ 
gage in, or have already commenced, the gi;eat business of 
life ? In no way can they more effectually prepare them¬ 
selves for usefulness than by a course of solid reading. We 
have already spoken of the necessity of religion and moral¬ 
ity in the- body politic, as a means of permanent political 
prosperity : and we might have added, that among the most 
powerful aids to moral improvement is a sound literature. 
Yet it is to be deeply regretted, that fiction forms the staple 
reading of many families and neighborhoods. Its impress 
upon the public mind is every where seen. Novels and tales 
constitute nine-tenths of the reading of some young men. 
Much of this kind of literature is positively pernicious ; while 
the effect of that which is least exceptionable is to dissipate 
the mind and produce a disrelish for all that is solid or use¬ 
ful, and, consequently, to dwarf the intellect. It can not 
have escaped the notice of any careful observer, how few, 
comparatively, of the young men of our country give pro¬ 
mise of intellectual greatness or eminent usefulness ; how 
many are likely to attain a bare respectability ; and what 
numbers have already acquired habits of immorality and 
even of open profligacy 1 

But, let the puerile tales which occupy so large a space 
in their libraries be displaced by works of practical utility, 
and a vast change would soon appear in the character and 
the pursuits of this interesting class of citizens. Works 
of no description would contribute more to this happy re¬ 
sult, than those which treat of the principles of political 
science, and make men familiar with the nature and prac¬ 
tical working of our admirable system of government. 
Few subjects involve interests so varied and important. 
The social and pecuniary interests of every person are affect¬ 
ed by the government. The connection that exists be¬ 
tween good government and the public prosperity, is itself 
one of the strongest inducements to the citizen to fit him¬ 
self for the intelligent exercise of the powers and duties 
devolved upon him by the constitution. 

To the people of the United States is committal an im¬ 
portant trust. Their constitution was “ ordained to secure 


514 


CITIZEN’S MANUAL. 


the blessings of liberty .” An experience of seventy years 
has proved it adequate to this object. Corrupt ambition 
and the lust of power may break down the bulwarks it has 
erected. Through popular ignorance and indifference it 
may cease to afford its wonted protection. It has been 
said, “ A nation may lose its liberties in a day, and not 
miss them in a century.” Under the forms of constitutional 
liberty, the people may suffer the evils of a despotism ; and 
they may unwittingly become their own oppressors. 

If “ the price of liberty is eternal vigilance,” indifference 
must be dangerous. Demagoguism, party spirit, a corrupt 
literature, the want of vigilance, and the other evils to 
which we have alluded, are sufficient to subvert the liber¬ 
ties of any people. Where will these evils find an antidote 
but in an improved education— one more highly moral, intel¬ 
lectual, and political ? The general diffusion of moral 
and religious principle, and a familiar knowledge ">ur 
republican institutions, would make good citizens, true 
patriots, and enlightened statesmen, and insure a good ad¬ 
ministration and permanent political prosperity. 


INDEX 


PAGE 

Accessories to crime.118 

Actions at law, defined. 99 

“ limitation of_372-380 

Adjutant-general. 86 

Administrators, duties of... .105 
Admission of states.... .172-173 
Agent, responsibilities of... .217 
Alabama, constitution of. . . .346 
“ reconstruction of..465, 

466, 467, 468 

Aldermen, duties of. 81 

Alien and sedition laws.408 

Aliens, rights of.58 

Alliance, treaties of.243 

Alliances by states, prohib¬ 
ited.154 

American or know-nothing 

party.....443 

Amnesty proclamation by 

Lincoln.441 

Annapolis, commercial con¬ 
vention at.122 

Appeals of suits.104-105 

Appointment, power of, (see 
President and Gov¬ 
ernor.) 

Apprentices.190 

Aquatic rights.200-202 

Aristocracy defined.24 

Arkansas, constitution of... 350 
“ reconstruction of..464, 

465 

Army, standing.167 

Arrest of offenders.114 

Arsenals. 86 

Arson defined.110 

Assassination of Mr. Lincoln.444 

Assault and battery.113 

Assessment of taxes.83-84 

Assessors, duties of.83-84 


PAGE 

Assignments.213-215, 

295-297 

Athens, government of. 52 

Attachment, suit by.104 

Attainder of treason.152 

Attorney, county or state’s... 78 

Attorney-general, state. 74 

“ “ of U. S...168 

Auditor of state.73 

“ county. 77 

Austria, government of. 39 

Austria-Hungary, govern¬ 
ment of. 37 

Auxiliary executive govern¬ 
ments .166-168 

Bail defined, and how taken. 114r- 

115 

Bailment.221-223 

Ballot defined.60 

Bank of United States, his¬ 
tory of.416-417 

Bank of United States, at¬ 
tempt to establish... .422 
Bank of United States, de¬ 
feated by Tyler.422 

Banks and their operation.95-97 
Banking system of U. S...... 97 

Belgium, government of..... 41 

Belligerent defined. 241 

Betting and gaming.114 

Bigamy defined.112 

Bill of attainder defined, and 

may not be passed.. 151- 
152—155 

Bills, passage of. .68-70,132-133 

“ negativing of.70 

“ of credit published... .154 

“ of exchange.229-230 

Blockade.250 

Body politic defined.44. 76 















































516 


INDEX. 


PAGE [ 

Bribery defined.112 

Broker, brokerage.218 

Burglary defined.Ill 

Cabinet defined...35 

“ officers of.166-168 

California, constitution of.. . 363 
Canals, construction of... .91-93 

Canvassing of votes. 61 

Capital defined.110 

Capitation or poll-tax. 82 

Casting vote, when given... 69 
Caucuses, congressional. .411-412 
Centennial exhibition, char¬ 
acter of.496 

Centennial exhibition, con - 

gressional suoport of .495, 
498 

Challenging voters. 60 

Charges d’affaires.162 

Charter, defined.54 

Chattel mortgages, effect of, 

213-215, 295-297 I 
Cherokee Indian difficulties.. 

417-418 

Cities, villages, &c.80-81 | 

Citizens, privileges of.172 

Civil compact, defined. 17 

Civil government, defined. 17-18 

Civil Rights bill.450, 454 

Civil Rights seceded states, 
first movement to re¬ 
store.445, 446, 447 

Civil society, man fitted for.. 18 

Clerks of counties.77 

Coining money by states, pro¬ 
hibited .154 

Collection of taxes. 84 

Colorado, constitution of... .368 
Colonies, government of.. .53-55 
Commerce, regulation of.. 135- 

139 

Commissary-general. 86 

Commissioners, county, du¬ 
ties of.76 

Committees, legislative, ap¬ 
pointment of.67 

Common carriers.222-223 

Common council. 81 

Common law, defined.183 

Commons, house of. 34 


PAGE 

Common schools, officers of.. 90 


Commonwealth, defined.25 

Commute, defined. 72 

Compromise measures of 

1850 . 430 

Compromise endorsed by the 

parties. ..431 

Confederation, nature of.... .117 
Confederacy, collapse of.443 


Congress, under confedera¬ 
tion, how constituted. .117 
Congress, under constitution, 

how constituted. .124-129 
Congress, powers of, (see pow¬ 
ers of Congress.) 

Connecticut, constitution of,. 310 

Consignor, consignee.216 

Constitution, defined.43-44 

“ objects of..45 

“ how formed... 46 
Constitutions of states, sy¬ 
nopsis.30i-371 

Constitution of reconstructed 

states finally ratified. .487 

Constitution, U. S.389-402 

“ history of. .119-124 
how amended.. 175 
“ amendments to, 

177-183, 402-405 
Constitution United States, 
three last amendments 

of.181, 404-405 

Constables, duties of.80-103 

Consuls, how appointed.397 

duties of. ..162, 239-240 

Contraband goods.249 

Contracts, in general.. .205-209, 

295 

Contracts of sale_209-212, 295 

obligation of, not to 
be impaired... .155 

Controller, or auditor. 73 

Convention, defined.46 

“ constitutional... 46 
Conventions, Arkansas and 

Louisiana. 443 

Copy-rights and patents.. 143-144 
Coroners, powers and duties 

of.77 

Corporation, defined, and how 76 
















































INDEX. 


517 


PAGE 

Corporations, how formed.. 76-82 

Corruption of blood.152 

Counties, origin and powers 

of.75-76 

County officers, powers and 

duties of..75-78 

Courts, justices’... .99-102 

“ other than justices’ 

courts.105-108 

“ of chancery or equi ty, 

107-108 

“ of probate.108 

“ of impeachment. 108-109 

“ of United States.169-171 

Courts-martial.86 

Crimes, defined.109-113 

Customs, duties, &c.134 

“ collection of.139 

Declaration of Independence.381 

Deeds, mortgages.196-198, 

291-292 

Delaware, constitution of .. 319 

Delegates, defined.46 

“ under confedera¬ 
tion...... .117-125 

Democracy, defined.24-25 

Democratic nomination of S. 

J. Tilden.497 

Democratic party.413 

Denmark, government of.... 31 

Deposit fund.89 

Depositary, defined- .... .256 

Deposits, removal of... .420-421 

Descent of property.192-193, 

286-290 

Despotism, defined.23-24 

Devise of property.192 

District of Columbia, seat of 


government ., 

....146-280 

Dividends, defined.. 

.94-98 

Division fences. 

.201 

Domain, defined...., 

.237 

Dominica, proposed 

annexa- 

tion of. 


Dominican project denounced 

by Sumner, 

Scliurz, 

Trumbull ... , 

49-1 


Domestic relations.186-201 

Dower, defined.197 

“ in different states.292-294 


PAGE 

Dred Scott decisions.435 

Drunkards, contracts by.... 207 

Duelling, defined.112 

Duties, defined.56, 134-139 

“ power to lay.134 

“ of tonnage.138 

Easement, defined.198 

Education, provision for, &c.. 88 

E'gypt* government of. 30 

Elections, time of, and how 

conducted.59-61 

Elections, by plurality and 

majority.61-62 

Electors, qualifications of. .57-59 
(See state constitutions.) 
Electors of president and vice- 

president .157-158 

Electoral Commission.497 

Emancipation proclamation..440 
“ Kussian serfs.. 28 

Embargo on trade.410-411 

Embassadors and foreign min¬ 
isters, their appoint¬ 
ment and duties. .161-162 

Embezzlement, defined.Ill 

Engrossment of bills. 69 

Envoys, (see Embassadors.) 
Escapes, aided or permitted. 112, 

113 

Excise, defined.134 

Execution, in justice courts.. 103 
Executive department, state, 

71-75 

" of U. S.155-160 

“ officers, appoint¬ 
ment and duties 
of.. 162-163, 166-168 

Executors, duties of.195 

Exemption from execution, 

104, 279-280 

Ex post facto laws, defined 

and forbidden_152-155 

Factor or agent.216 

False imprisonment.113 

Federal, defined.116- 

“ party.....406-411 

Federalist, papers.407 

Fee, fee-simple, defined_202 

Felony, power to define.143 

Fence viewers, duties of_ 80* 


























































518 


INDEX. 


PAGE 

Florida, constitution of.355 

“ reconstruction of. ..474, 
475 

Forgery, defined.Ill 

Fort Moultrie, evacuation of, 

437 

Fourteenth amendment final¬ 
ly adopted.487 

France, government of_.35-37 

Franco-German war.36 

France, present constitution 

of. 36 

Fraudulent sales and assign- 
, ments... 213-215, 295-297 

Freedman’s Bureau bill. .457-460 
Freedmen, orders and laws 

concerning.455-460 

Freedom of speech, &c.184 

Freehold, freeholder.58 

Fugitives from justice.173 

“ from service.173 

Fugitive slave bill..430 

Fund, defined.86 

Funds, various kinds of. 88, 89,92 

Geneva arbitration.491, 492 

Gen. U. S. Grant, first nom¬ 
ination of. .488 

Gen. U. S. Grant, first elec¬ 
tion of.488 

Gen. U. S. Grant, reelected. .492 

Georgia, constitution of.329 

“ reconstruction of. .472, 
473, 474 

Germany, government of.... 37 
Government, civil, defined, 

17,18 

“ division and dis¬ 

tribution of 
the powers of, 

50-53 

“ both national 

and federal. .124 
Governor and lieutenant-gov¬ 
ernor, duties of.... .71,72 

Graves, opening of... .’.112 

Great Britain, government of, 

33-35 

Great debate. Douglas and 

Lincoln.437 

Greece, government of.42 


PAGE 

Greeley, Horace, nominated 
president by reform 
republican and demo¬ 
cratic conventions... .492 

Guardian and ward.189 

Gunboats.410 

Habeas corpus.151, 185 

Helvetic confederacy. 42 

Hereditaments, defined.198 

Highways, survey of.79 

“ powers concerning. 79 

Holland, government of.41 

Homicide, defined.107-111 

Homestead exemptions..279, 280 
I Hungary, government of. 40, 41 

Husband and wife.186-188, 

285, 286 

Idiots and lunatics, contracts 

by.206, 207 

Illinois, constitution of.343 

Impeachment, trial of..108 

Impeachment of Secretary 

Belknap.495 

Imposts, defined.134 

Inauguration of Lincoln.439 

Incest, defined. . .108 

Independent or subtreasur}', 

history of.421,422 

Indiana, constitution of..339 

Indians, removal of.417, 418 

Indictments, how made.106 

Innkeepers, liability of.222 

Insurance companies.97,98 

Interest.231, 298-300 

Internal improvements, a par¬ 
ty question.418, 419 

Intestates, descent of property 

of.286-291 

Iowa, constitution of.358 

Italy, government of. 32 

Issues of fact and of law, de¬ 
fined.105 

John Brown raid.437,438 

Johnson, Andrew, impeach¬ 
ment of..487 

Johnson, Andrew, inaugura¬ 
tion of. 444 

Joining issue.101 

Judges, appointment of, in 

states.105 























































INDEX. 


519 


PAGE 

(See also Synopsis of 
state constitutions.) 
Judges of U. S. courts, how 

appointed.162,163 

Judgment, confession of.102 

Judgment, collection of.103 

Judicial department, state... 99 
“ “ of U. S., 

169-171 

Jurisdiction, defined.99 

“ original and ap¬ 
pellate.107 

Juries in justices’ courts. 102,103 
“ grand and petit . .105,106 

Justices’ courts.99-102 

Kansas and Nebraska bill, 

432,433 

Kansas-Nebraska embroglio, 

435, 436 

Kansas, constitution of.. 366-367 
Kentucky, constitution of... .331 

Knout, punishment by.28 

Ku-Kluxism.489 

Larceny, defined.Ill, 112 

Law, defined.18, 21, 22 

“ common and statute... 183 

Laws, necessity of. 19 

“ political, civil, muni¬ 
cipal, defined.44 

Law of nations.231-252 

Laws of nations, defined. 234,235 

Leases, rent, &c.202-205 

• Lecompton constitution.436 

Legislatures, state, how con¬ 
stituted .62-64 

“ organiza. of..64-66 

“ their manner of 

enact’g laws..67-70 

Letters, testamen tary.195 

“ of administration.. .195 

Libel and slander.184,185 

Liberty, defined.20,21 

“ of speech, &C...184,185 

“ of conscience.186 

Lien, law concerning... .218, 219 
“ mechanics’.. ..218, 297, 298 

Lords, house of. 33 

Louisiana, complicated em¬ 
broglio of.494 

Louisiana, constitution of.,. .337 


Louisiana, double government 

of.493,494 

Louisiana, federal occupation 

of.443 

Louisiana, purchase of.410 

Louisiana, reconstruction of 

476-478 

Maine, constitution of... ... .301 
Malversation of office by Sec¬ 


retary Belknap.495 

Mandatory, defined.221 

Manslaughter, defined.110 

Marque and reprisal.145 

Marriage, law concerning.... 186, 


187, 283,284 
Maryland, constitution of... .322 
Massachusetts, constitu. of. ..307 
Mason and Slidell—seizure of. 440 


Masters and servants ... 190,191 

Mayor, duties of.. 81 

Mexico, war with.427, 428 

Michigan, constitution of... . 352 
Militia.85, 86 


Ministers, public, appoint¬ 
ment anddutiesof.161,162 
“ privileges of... 238, 239 

Minors, rights of.... 187,188,189 
Minnesota, constitution of.. ..365 

Mints of United States.142 

Misdemeanors.113,114 

Mississippi, constitution of. ..341 
Mississippi, new constitution 

finally ratified... _488 

Mississippi, reconstruction of.468, 
469, 470, 471 

Missouri, constitution of.348 

“ compromise, repeal¬ 
ed.432, 433 

Monarchy, defined. 23 

Money, power concem’g. 135-141 

Mortgages.197 

“ chattel.295-297 

Murder, defined.110 

Nation, defined.. *. 17 

National republican party, 

formation of..434 

Nations, jurisdiction of.236 

“ rights and obligations 

of.235-240 

Naturalization.139,140 




















































520 


INDEX. 


PAGE 

Navigation, regulations. 138,139 
“ acts of G. Britain. 120 

Navy, defined.167,168 

Nebraska,constitution of.367, 368 
Negative, or veto, defined.33, 70 
Netherlands, government of. 41 
Neutral nations, rights and 

duties of.248-251 

Nevada, constitution of.367 

New Hampshire, constitu. of. 303 
New Jersey, constitution of. .315 
New York, constitution of.. .312 

Nobles, defined. 24 

Nonsuit, judgment of.102 

Norway, government of.42 

North Carolina, constitution 

of.326 

North Carolina, reconstruc¬ 
tion of.474, 475 

Notaries public.230 

Nullification.409, 415 

Oaths of office.65,176 

“ test, forbidden..176 

Obligation of contracts.155 

Obligations of nations.237 

Offenders, arrest of.114 

Ohio, constitution of.325 

Opening of graves.112 

Oregon, a party question .424-426 
Overseers of highways....... 79 

“ poor.80 

Pardon, power of.72, 160 

Parent and child.188, 189 

Parliament, how formed.. .33, 34 

Parliamentary rules..253 

(For subjects under this title, 
see Table of Contents.) 

Parol, contracts.205,206 

Parties, sketch of.406, &c. 

“ whig and tory.406 

“ federal and anti-fed¬ 
eral.406 

“ republican, old.408 

“ “ new.433 

“ democratic.413 

“ national republican.. 413 

“ anti-masonic_412, 413 

“ whig .. . .413 

“ free-soil democratic..429 

“ American.433 


PAGE 

Partnership, law of.219, 221 

Party-walls .200,201 

Patents and copyrights.. 143, 144 

Peace, treaties of.252 

Peer, defined. 34 

Penalty, defined. 19 

Pennsylvania, constitution 

of.317 

Pensions, military_167,281 

Perjury, defined.112 

Personal estate, defined.83 

Piracies and felonies... .144,145 
Police courts and justices. .81,82 
Political disabilities finally 

removed.492, 493 

Political law, defined. 44 

“ parties, sketch of... 406 
“ power, by whom 

exercised.57-59 

Poll, defined. 60 

Poll or capitation tax.. .100,153 

Polygamy, defined.112 

Popular sovereignty, doctrine 

of..*.435 

Poor, overseers of. 80 

Postage, rates of.282,283 

Postmaster-general.168 

Postmasters, appointment of, 

168, 281 

duties of.168 

“ compensation of, 

281 

Powers of congress— 

“ to lay and collect 

taxes.133-135 

“ to borrow money... .135 

“ to regulate commerce, 

135-139 

“ in relation to naturali¬ 
zation and bank¬ 
ruptcy. .....139-141 
** in relation to money, 
weights and meas¬ 
ures.141,142 

“ to punish counter¬ 
feiting. . 142 

“ to establish post-offi¬ 
ces, &c.142 

“ to secure patents and 

copy-rights. .143, 144 




























































INDEX. 


521 


PAGE 

Powers to define and punisli 

piracies, &c.144,145 

“ to declare war.145 

“ to issue letters of 
marque and repri¬ 
sal .145 

“ to provide for the na¬ 
tional defense gen¬ 
erally .145,146 

“ to legislate over the 
District of Colum¬ 
bia and other pub¬ 
lic territory and 

property.146 

“ to make all necessary 
and proper laws, 

146,147 

“ to declare punishment 

of treason.152 

“ to admit new states, 

173, 393 

** to dispose of and reg¬ 
ulate territory and 
other public prop¬ 
erty.174, 175. 393 

“ prohibited to congress. 
(See prohibitions on 
congress.) 

Powers of government, legis¬ 
lative, executive, and 

judicial .. .. 51 

President and ^ice-president, 

how chosen .157-159 

President, powers and duties 

of.160-165 

Presidential and other sala¬ 
ries increased.493 I 

Principal and agent.216-218 I 

Printing, public, by whom 

and how done.74, 75 

Privateering..247, 248 

Prizes in war.240 

Process, defined.100 

Prohibitions on congress— 

to abolish the slave 

trade.150,151 

to suspend habeas cor¬ 
pus . 151 

to pass bills of attain¬ 
der.151 


PAGE 

to pass ex post facto 

laws.152 

in relation to taxation 
and commerce. .153,154 
Prohibitions on the states— 
to form treaties; to 
coin money; to make 
anything but coin a 
tender; to impair ob¬ 
ligation of contracts; 
to pass bills of at¬ 
tainder, ex post facto 

laws.154,155 

Promissory notes.223-228 

Prorogue, defined.34, 35 

Protective policy, (see tariffs.) 
Provisional governors, ap¬ 
pointment of.447, 448 

Prussia, government of... .38,89 

Quorum, defined. 65 

Racing, unlawful. i _114 

Railroads, how made.93, 94 

Ratification of constitution, 

176,177 

Ratio of representation in 

congress.126-129 

Real estate, defined.83 

“ descent of. .192,193 
286-290 

Recognizance, what.115 

Reconstruction.441-445 

Reconstruction act establish¬ 
ing military govern¬ 
ments.475, 478, 480 

Reconstruction act, first sup¬ 
plemental .. .480, 481, 482 
Reconstruction act, secoud 

supplemental. 482,483,484 
Recorder or register of county 77 
Reform Bills of Great Britain 34 
Register of county, or recorder 77 
Records, public, proving and 

effect of.172 

Removals from office, power 
of the president con¬ 
cerning.163, 164' 

Removals, practice estab¬ 
lished. 419, 420 

Representation in congress, 
admission of North 






































522 


INDEX, 


PAGE 

Carolina, South Caro¬ 
lina, Louisiana, Geor¬ 
gia, Alabama,and Flor¬ 


ida to.485, 486 

Representative, defined.46 


Representatives, house of..52, 53 
“ in congress, 

how appor¬ 
tioned.. 126, 127 
Reprieve, defined, aud power 

to grant . 72 

Reprisals in war.242 

Republic, defined.24, 25 

Republican nomination of 

Rutherford B. Hayes.. 497 

Republican party, old.408 

“ “ new.433 

“ profound dis¬ 

satisfaction among.. . .496 
Republican government, guar- 

ofritied to states.175 

Republican reform move¬ 
ment.491 

Restrictions in commercial in¬ 
tercourse removed. 444,445 

Revenue, defined.89 

“ national, how raised. 135 
“ average amount of.. 139 

Revolution, causes of.55, 56 

Rhode Island, constitution 

of.309 

Rights and liberty, defined. 20, 21 
Rights of person and property, 

defined...184 

Right of property, how ac¬ 
quired . ...192 

Right by prescription.. .199-201 

202 

Right of way.198-200 

Right of waters.200-202 

Right of search.250 

Riot, defined.113 

Roads, (see highways.) 

Robbery, defined.Ill 

Russia, government of..26, 27, 28 
Sabbath breaking unlawful.. 114 
Safe conducts and passports..252 
Samana, bay and peninsula 

of.491 

School funds, schools, &c. .88-91 


PAGE 

Secession, preparations for 

* 438, 439 
“ of South Carolina. .439 

“ ordinances of.440 

Secretary of state, of state 

government. 73 

Secretary of state, (U. S.)... .166 
“ of the treasury.... 166 

“ of the interior.167 

Secretary of war.167 

“ of the navy.. .167,168 

Sedition and alien laws.408 

Selectmen. 79 

Senate, state.62-64 

“ vacancy in, how filled. 64 
“ of United States..129-132 
vacancies, how filled.. 131 
Servants, rights of, &c.. . 186,189 
Sheriff and shire, origin of. .75, 76 
Sheriff, powers and duties of.. 76 

Slander and libel.182,183 

Slave trade, not to be prohibit¬ 
ed until 180^.147-151 

Slave trade, declared pi racy.. 151 
Slavery, constitutional aboli¬ 
tion of.449, 450 

Society, civil, defined.17,18 

“ man fitted for. 18 

South American states, gov¬ 
ernment of. .42, 43 

South Carolina, resistance of 

to tariff RPws.415 

South Carolina, constitution 

of....328 

Southern disturbances.493 

Sovereignty, defined.23 

“ whence derived, 

47, 48 

Spain, government of.31 

Sparta, government of.52 

Specialty, defined...205 

Stanton, removal of secretary.487 
Stan ton-Johnson embroglio. .487 

State, defined. 17 

“ constitutions.301, 368 

" records, effect and proof 

of.172 

Statute law, defined.. . .183 

Stocks, public, defined. 93 

Subpena,nature and service of 101 















































INDEX. 


523 


fcAGE 

Sammons, suit by.100, 101 

Superintendent of schools. .74, 90 

Supervisors, board of.. 76 

of towns.76, 79 

“ of highways.... 79 

Surveyor of county... 77, 78 

Surveyor-general, duties of.. 74 
Swearing, profane, unlawful, 

113,114 

Sweden, government of.41 

Switzerland, government of.. 42 
Synopsis of state constitu¬ 
tions.301-368 

Tariffs.137,138, 414, 415, 422 

Taxation, by congress.. .133-135 

Taxes, state . 83-85 

Tender, what lawful...155 

Tennessee, constitution of.... 333 
“ reconstruction of, 

462, 463, 464 

Testament, (see Wills and 
Testaments.) 

Texas, annexation of... .423-426 

“ constitution of.357 

“ new constitution final¬ 
ly ratified.488 

“ reconstruction of. 471,472 

Town clerk, duties of.79 

Town officers, election and 

duties of.....78-80 

Towns and townships.78 

Treason, against state.110 

“ against U. S_152,153 

“ power of congress, 

concerning.152 

Treasurer, of state, duties of. 74 

“ of county.76, 77 

“ of towns.80 

Treaties, how and by whom 

made. .161 

Treaties by states, prohibited. 154 

“ obligation of.176 

“ of alliance.243 

“ of peace.252 

Trustees of townships.79 


PAGE 

Turkey, government of... 28, 29 

Union, nature of the_115-119 

Usury.231,298-300 

Venire, issuing of.103 

Verdict, how rendered.. .102,103 
Vermont, constitution off.. .305 

Veto, defined.70 

“ in different states, (see 
state constitutions.) 
Villages, incorporation of, &c. 

80-82 

Virginia, constitution of. . 324 
Virginia and Kentucky reso¬ 
lutions of 1798.. ..408, 409 
Virginia, new constitution 

finally ratified..488 

Virginia, reconstruction of, 

460, 461, 462 

Viva voce, voting.61 

Voters, qualifications of, in 
different states, (see 
constitutions.) 

War, power to declare.145 

“ offensive and defensive, 

240, 243 

“ causes and objects of. .241 

“ reprisals in.242 

“ alliances in.243 

“ how declared... .244 

** effect of, on the enemy’s 

subjects.245, 246 

“ stratagems in...247 

“ privateering, prizes. ..247, 

248 

“ truces in.251,252 

“ with Mexico....427 

Western whiskey frauds. .. .495 
West Virginia, constitution 

of.365, 366 

Wills and testaments.. .193, 195 
290, 291 

Wilmot proviso, history of.. .428 
Wisconsin, constitution of.. .360 
Wyandotte constitution.437 











































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